国际贸易法ppt4

2. Major Principles of GATT 1994 • 1) Multilateral Trade Negotiations
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• Under the rules of GATT, nations will meet periodically to reduce tariffs and nontariff barriers to trade. Since 1947 the GATT organization has served to bring member nations together to negotiate tariff reductions and the opening of markets. • Under Article 2 of GATT, all member nations shall cooperate in lowering tariffs through negotiations. In a tariff concession, one country promises not to levy a tariff on a given product at a level higher than agreed upon.
4) Tariff-based Import Restriction GATT’s founders sought a multilateral approach to the elimination of restrictive trade barriers. They selected a tariff-based approach that had two fundamental goal. A. GATT members were to engage in regular negotiations designed to systematically reduce import duties. B. tariffs were to be the only form of import protection permitted by GATT. Specifically, GATT prohibited the use of non-tariff barriers, such as quotas and quantitative restrictions to trade.
The WTO and the Economic Globalization
International Trade Law
By Chenke Foreign Language Department of Changsha University
WTO Laws and Rules
1. The founding of GATT 1) Trade Barriers All nations have trade barriers to regulate imports. Nations impose import trade barriers for many economic and political reasons, such as regulation of import competition, retaliation against foreign government trade barriers, implementation of foreign policy, implementation of national economic policies, protection of public health, safety and morals, and plant and animal life, etc.
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2)Trade liberalization through Cooperation Most nations have come to realize that trade barriers are damages to the international economy and ultimately to their own. Moreover, they have realized that if they restrict the products of their trading partners in order to protect one segment or sector of their economy, then another sector will suffer. Therefore, the nations began to make efforts to establish new “rules of the game” for conducting their trade relations resulted in the creation of an international legal system to handle trade matters, complete with international law, dispute settlement mechanisms, and agreed-upon codes for regulating trade. This system is based on the General Agreement on Tariffs and Trade.
• 2) Most-favored-nation Treatment • The guiding concept of trade liberalization under GATT is that of nondiscrimination, which is mostly illustrated by Most-favored-nation principle(MFN). MFN principles require that any trade advantage or privilege granted by one GATT member to the goods of another member should be granted to all. Any tariff, tax, or other restriction on imports should be applied equally to products, without regard to origination. Because the products of all MFN countries are treated equally, products shipped from both economically powerful countries and small countries will be treated the same in the foreign market.
Nontariff Barriers to Trade
• Nontariff barriers to trade are any impediment to trade other than tariffs. They include quotasschemes, etc.
Case study
• 日本的酒类税法，对在日本出售的酒按类收税， 共有10类（它们是sake, shochu, mirin,啤酒，白 酒，白兰地，烈酒等种类）。Shochu 是从土豆， 小麦或其他谷类中蒸馏而来。Shochu与伏特加有 许多共同点，但是，伏特加和其他进口烈酒就被 归到比shochu高７－８倍税率的类别中。外国酒 只占日本市场的８％，但在其他工业国家却占５ ０％以上的市场。美国，欧盟和加拿大ＷＴＯ成 立之前就要求调查。专家小组认为，日本税法违 反ＧＡＴＴ，日本向ＷＴＯ上诉机构提出上诉。
Ｄecision
• 日本的酒类饮料税法，违反了ＧＡＴＴ 第三条关于国民待遇的规定。 Shouchu是 一种“相似产品”，与其他进口酒类相比， 也是“直接竞争的和可替代的”。进口酒 类被征收的税高于shochu.专家小组的裁决 得到支持，并且要求日本的税法与ＧＡＴ Ｔ保持一致。
WTO
• On January 1,1995, the World Trade Organization replaced the original GATT organization. It provides an umbrella organization that sets the rules by which nations regulate trade in manufactured goods, services, intellectual property, textiles and clothing, and agricultural products. The role of the WTO is to facilitate international cooperation to open markets, provide a forum for future trade negotiations between members, and provide a forum for the settlement of trade disputes. The WTO will have a status equal to that of the IMF or World Bank, and will cooperate with those agencies on economic matters. The WTO’s membership includes those countries that previously belonged to GATT, and will eventually be open to other
Tariffs The most common device for regulating imports is the tariff or import duty. A tariff is a tax levied on goods by the country of importation. It is usually computed either as a percentage of value or on the basis of physical units. Tariffs are generally considered to be one of the least restrictive types of trade barriers. Comparatively, nontariff barriers are much more restrictive to free trade.