WTO概论复习资料 - 图文

精品文档

Let’s Talk about Trade Policy and Trade Issues MD, who else?

I Preliminary Knowledge

1 Tariff

(1) Specific Tariff（从量关税）

Weight, quantity, volume

(2) Ad Valorem Tariff（从价关税）

A percentage of the price

(3) Compound Tariff（复合关税）

A mixture of specific tariff and ad valorem tariff

2 Non-tariff

(1) Quota

(2) License（进口许可证）

General license and specific license; usually combined with quota, bidding (3) Custom Valuation (4) Technical Barriers (5) Environment issues

(6) GMO（Genetically Modified Organism，转基因生物）

3 VER & VIE

(1) VER(Voluntary Export Restriction) (2) VIE(Voluntary Import Expansion)

Aiming at trade balance, either domestic or foreign.

II GATT & Agreements

1 Historical Perspective of WTO

(1) Havana Charter (→GATT 1947)

a) Background: protectionism after WW II, Great Depression, need to establish

ITO (International Trade Organization);

b) The charter is mainly about trade and commercial policies, employment,

economic activities, economic reconstruction, investment, restrictive business practice;

c) Failed to meet some countries’ interest, but much content of Commercial policy

survived in GATT 1947, provisional rather than legal;

(2) Marrakesh Agreements (establishing WTO)

a) The importance of Uruguay Round on Marrakesh Agreements and the

establishment of WTO;

b) Including Agreements about [trade in commodity, GATS, TRIPs],

DSU(Understanding on Rules and Procedures Governing the Settlement of Disputes), TPRM, PTA(Plurilateral Trade Agreements); c) Entered into force on 1 Jan. 1995, 128 GATT signatories; d) 160 members since 26 Jun. 2014

.

精品文档

2 GATT 1947

(1) Basic Principles of WTO

a) Nondiscrimination(MFN, NT), Graduation Clause b) Trade Liberalization(tariff, non-tariff, market access) c) Transparence d) Fair Competition (2) MFN clause---Article I

a) Most-Favored-Nation Treatment(MFN): any advantage, favor, privilege or

immunity granted by any contracting party to any product shall be accorded immediately and unconditionally to the like product of all other contracting parties;

b) Accord the basic principles, nondiscrimination, promote trade liberalization as

it’s Multilateral;

c) Exceptions: GSP, FTA, Anti-dumping. safety issues, etc. d) China’s benefits: double-edged sword; (3) National Treatment---Article III

a) National Treatment on Internal Taxation and Regulation: the contracting parties

should treat imported products and domestic products equally in terms of

internal taxes and/or other internal charges, laws, regulations, and requirements; b) Exceptions: government procurement, domestic subsidies, etc. c) Preference Policy and NT: depending on different industries; (4) Anti-dumping---Article VI

a) Dumping: products of one country are exported to another country at a price

less than the normal value, and is causes or threatens material injury to the importer’s industry;

b) “normal value” is defined by the comparable price, in the ordinary course of

trade, for the like product for consumption in the exporting country; or if

domestic price not available: the highest comparable price for the like product exported to a third country, or the cost of the product plus a reasonable additional for selling and profit;

c) Determinants in dumping: Dumping Margin and Material Injury (5) Rule of Origin(RoO)---Article IX

a) Marks of Origin: marks, characters, patterns, etc. that indicate the original

country/region of an imported product or service;

b) Article 7: contracting parties cooperate to minimize the difficulties, and to

prevent misrepresent of the true origin;

c) Determining origin and whether “substantial transformation”: value-added,

process test, change in tariff classification(CTC);

d) Controversial issue on trade balance: different standards to determine origin

and processing trade;

e) MFN or not determined by the origin of the product; (6) Administration of Trade Regulations---Article X

a) Publication: laws, regulations, judicial decisions and administrative rulings of

.

精品文档

general application about international trade (e.g. custom classification and valuation, rates of duty/taxes, requirements, restrictions, etc.) shall be published promptly to enable traders become acquainted with them;

b) Administration: contracting parties shall maintain, or institute judicial, arbitral,

or administrative procedures to deal with custom matters, and administrate laws, regulations in a uniform and reasonable way;

(7) QRs(Quantitative Restrictions)---Article XI

a) Elimination of QRs: except duties, taxes or other charges, contracting parties

shall eliminate restrictions made effect through quotas, licenses or other measures.

b) Exceptions: food, agriculture or fisheries product. (shortage or surplus) (8) General Exceptions---Article XX

a) Protect public morals;

b) Protect human, animal or plant life or health; c) Trade relating to gold or silver;

d) Secure compliance with laws or regulations consistent with the provisions (e.g.

intellectual property); e) Prison labor products; f) National treasures; g) Exhaustible resources;

h) Intergovernmental commodity agreement that are approved; i) Ensure essential domestic quantities; j) General or local short supply;

(9) State Trading Enterprise---Article XVII

a) Contracting parties can establish or maintain state enterprises, but they shall act

in a manner consistent with general principles of non-discriminatory treatment for governmental measures affecting trades by private traders;

b) Such enterprises shall make purchases or sales solely in accordance with

commercial considerations, including price, quality, availability, transportation, etc.

c) Contracting parties shall not prevent enterprises from acting in accordance with

the principles;

(10) Subsidies---Article XVI

a) Subsidies in General: when granting any subsidies, contracting parties shall

notify other parties in writing of the extent, nature, estimated effect and necessity;

b) In case of serious prejudice, the contracting party granting the subsidy shall

discuss with other parties about the possibility of limiting the subsidization; c) Additional Provisions: parties shall seek to avoid the use of subsidies on the

export of primary products, or the subsidy shall not increase the party’s equitable share of the world export in that product;

(11) Implemental Mechanism---Article XXIV

a) Territorial Application-Frontier Traffic-Customs Unions-Free Trade Areas, an

exception of MFN

.

精品文档

(12) GSP(Generalized System of Preference)

a) Between developed countries and developing countries; b) Nondiscrimination, unilateral; (13) History: China’s reenter in GATT

a) An original contracting party;

b) Suspended its eligibility as a contracting party in 1950; c) Taiwan: observer to GATT in 1965; d) China’s efforts to reenter in 1986;

e) Complexity of China’s relevance to GATT;

3 GATT 1994

(1) The framework of UR

a) Agreements about [trade in commodity, GATS, TRIPs],

b) DSU(Understanding on Rules and Procedures Governing the Settlement of

Disputes), c) TPRMs

d) PTA (Plurilateral Trade Agreements); (2) The initiatives of WTO

a) Principles?

(3) Legal instruments under GATT 1947

a) Tariff concession;

b) Protocols of accession;

c) Waiver granted under Article 25

(4) Understanding on Paragraph1(2) Article II

a) Aims at promoting the transparency of the rights and obligations;

b) Agreement to record in national schedules “other duties or charges”(which shall

be exempted) levied in addition to the recorded tariff, and to bind them at the levels prevailing at the date established in the UR Protocol;

(5) Understanding on Article XVII

a) To promote the transparency of state-trading enterprises’ activities, contracting

parties shall report such enterprises to the committee, regardless of whether export has happened or not;

b) Increase surveillance of enterprises’ activities through stronger notification and

review procedures;

(6) Understanding on Article XVIII

a) Article 18: for the Balance-of-Payment(BOP) and development of economy,

especially for the less developed countries, tariff protection and QRs can be imposed;

b) The schedule for the restriction measures on import shall be notified as soon as

possible;

c) Contracting parties imposing restrictions for BOP purposes shall do so in the

least trade-disruptive manner, and shall favor price-based measures, like import surcharges and import deposits, rather than quantitative restrictions.

d) Agreement is also on procedure for consultations by GATT BOP Committee, as

.

精品文档

well as for notification.

(7) Understanding on Article XXIV

a) Clarify and reinforce the standard and procedures for the review of new or

enlarged custom unions or FTA and for the evaluation of their effects on third parties;

b) Clarify the procedure to be followed for achieving any necessary compensatory

adjustment in the event of contracting parties forming a customs union seeking to increase a bound tariff;

c) The obligations of contracting parties in regard to measures taken by regional

or local governments or authorities within territories are also clarified;

4 Other Agreements

(1) Agreement on Technical Barriers to Trade（TBT，技术性贸易壁垒协议）

a) Narrow TBT: processing and production methods related to the characteristics

of the product itself;

b) Dilemma on Broad TBT: needs for industrialization vs. potentiality toward

protection;

c) This agreement will extend and clarify the Agreement on Technical Barriers to Trade reached in the Tokyo Round. It seeks to ensure that technical negotiations and standards, as well as testing and certification procedures, do not create unnecessary obstacles to trade. However, it recognizes that countries have the right to establish protection, at levels they consider appropriate, for example for human, animal or plant life or health or the environment, and should not be prevented from taking measures necessary to ensure those levels of protection are met. The agreement therefore encourages countries to use international standards where these are appropriate, but it does not require them to change their levels of protection as a result of standardization.

Innovative features of the revised agreement are that it covers processing and production methods related to the characteristics of the product itself. The coverage of conformity assessment procedures is enlarged and the disciplines made more

precise. Notification provisions applying to local government and non-governmental bodies are elaborated in more detail than in the Tokyo Round agreement. A Code of Good Practice for the Preparation, Adoption and Application of Standards by

standardizing bodies, which is open to acceptance by private sector bodies as well as the public sector, is included as an annex to the agreement.

(2) Agreement on the Application of Sanitary and Phytosanitary Measures（SPS，

实施动植物卫生检疫措施协议）

a) Specific in the protection of human health and ecological balance,

(3) Agreement on Trade-Related Investment Measures（TRIMs，与贸易有关的投

资措施协议）

a) This Agreement, negotiated during the Uruguay Round, applies only to

measures that affect trade in goods. Recognizing that certain investment measures can have trade-restrictive and distorting effects, it states that no Member shall apply a measure that is prohibited by the provisions of GATT

.