英国留学生贸易类dissertation范文：关于GATT的优劣势分析The weak and strong GATT
General Agreement on Tariffs and Trade (General Agreement of Tariffs and Trade, GATT) referred to the GATT or GATS , after World War II international economic and trade development of the product . Signed in 1947, the adjustment of trade relations between the countries on tariffs and trade policies in multilateral international agreements . Late 19th early 20th century, by the free competition of capitalism into monopoly stage . Forced by the pressure of the domestic monopoly capital , the major capitalist countries gradually abandoned the policy of free trade , protectionist trade policies have been implemented gradually increase tariffs , imports of industrial products in other countries boycott . Especially since the outbreak of the history of the 1929-1933 unprecedented global economic crisis, governments passed the crisis in order to save the domestic industry to improve the level of employment , have to raise tariffs , import restrictions , to encourage exports and foreign exchange control and a series of trade protectionist policies . Further declines in international trade has greatly deepened the crisis. Profound lesson prompted countries began to realize that international trade coordination and the need for cooperation . March 1933 , Roosevelt became U.S. president, Secretary of State Hull began to advocate tariff protection to curb the war , proposed a " neighborhood policy " , in 1934 adopted the " Reciprocal Trade Agreements Act," authorizes the President to mutual agreements with other countries within three years less let tariffs. Under the Act, the United States and the Soviet Union and Europe , Latin America, many countries signed a series of trade agreements , the U.S. import and export tariffs reduced by 50% , and according to the MFN principle to expand this and other countries , and promote the development of international trade . April 1947 , in Geneva at the second Preparatory Committee adopted the draft Charter of the International Trade Organization . In October , the United Nations Conference on Trade and Employment held in Havana, Cuba , considered and adopted the " Charter of the International Trade Organization " ( also known as the Havana Charter ) , sent by governments for approval. At the same time , the United States , Britain, France , medium 23 countries at the multilateral tariff negotiations succeed, the participants reached 123 KMT bilateral agreements on tariff concessions . In order to make the contents of tariff and trade policies with national tariff concession agreement together, constitute a separate agreement that " the General Agreement on Tariffs and Trade ."
关税与商业活动总协定（General Agreement of Tariffs and Trade, GATT）略称关贸总协定或总协定，是第二次世界大战后国际经济商业活动进展的产物。于1947年订立的调试相关国度商业活动关系中关于关税和商业活动政策的多边国际协定。19世纪末叶20百年初，资本主义由自由竞争进入了垄断阶段。迫于国内垄断资本的压力，各主要资本主义国度渐渐让步了自由商业活动政策，纷纷实施商业活动尽力照顾主义政策，逐层增长关税税额比率，抵制其它国度工业品的进口。
After 40 years of development, the General Agreement Parties formed on the basis of a set of international economic and trade relations to adjust the rules and procedures , and the formation of a multilateral trading system. Especially in the GATT established on the basis of the WTO , not only for the members to coordinate trade policy and legislation provides a formal and permanent fixed location, and its careful legal principles , rules and institutions , on the promote global trade liberalization and the promotion of international trade development , resulting in a very profound impact.
通过40积年的进展，缔约方在总协定的基础上形成了一完套调试国际经济商业活动关系的规则和手续，并形成了一个多边国际商业活动体制。尤其是在关贸总协定的基础上树立起来的世界商业活动团体，不止为协调各人员方的商业活动政策与立法供给了一个正式和常设的固定场所，并且其周密的法律原则、规则和制度，对推动全世界商业活动自由化和增进国际商业活动的进展，萌生了非常深刻长远的影响。
First, the General Agreement on Tariffs and Trade role
一、关税与贸易总协定的作用
The important role of the provisions of the GATT in order to achieve the purpose of the General Agreement , namely reductions in tariffs and other barriers to trade restrictions , to achieve liberalization of international trade . This role carried out through the following aspects :
1 , forming a guide Parties trade practices in international trade norms
Provisions of the GATT Contracting Parties in the international trade relations must follow some basic principles, such as unconditional MFN principle , the principle of non-discrimination , mutual tariff concessions equality , prohibiting the use of quantitative import restrictions and other protectionist measures. Parties in their mutual trade relations should comply with these principles , otherwise you will be reprimanded or even reprisals . In addition, Parties in the previous multilateral trade negotiations has reached a number of agreements , the development of a number of specific rules and regulations, such as prohibiting dumping and subsidies , all of these principles and rules commonly accepted by the Parties as the basic criteria , which greatly promoted the growth of international trade and development.
2, in the reduction of tariffs on the basis of mutual benefit and promote the post-war trade liberalization
GATT hosted several rounds of multilateral trade negotiations , the parties reached a series of mutually beneficial agreements , resulting in significant reduction in the overall level of tariffs . First seven rounds of negotiations , the developed countries the average tariff from 40% to 5 %, and the development of English national and regional average tariff dropped to 13%. During the Uruguay Round negotiations , the Parties to implement tariff principles of maintaining the status quo and gradually declined . After the Uruguay Round , the Parties decided to cut the overall tariff level 1/ 3 .
3, to reduce tariffs and trade aspects of discrimination , is conducive to the reduction of trade barriers
Parties to the GATT General Agreement on tariffs due to tariff reduction schedule constraints can not raise tariffs in some countries through a variety of non-tariff measures to implement its trade protectionism. Therefore, the GATT Contracting Parties shall not be required to use other barriers to protect a country's industrial , it is required to limit non-tariff barriers and quantitative restrictions discriminatory measures to ensure that parties to obtain due to the benefits of tariff concessions are not non- offset by tariff barriers . It difficult to abolish non-tariff barriers on measures GATT provisions that allow the implementation in special circumstances reached some agreement to limit and reduce non-tariff barriers . 1968 6th round of negotiations to an end , Parties requested the Secretariat to prepare a basis for negotiations on non-tariff barriers for the file . The Secretariat has prepared a list of non-tariff barriers , non-tariff measures listed 800 . After the Tokyo Round negotiations on NTBs reached in seven protocols. In the Uruguay Round Ministerial Declaration , the parties said that during the negotiations on non-tariff measures, but also the implementation of " maintaining the status quo and the gradual rollback " principle. This all helps to eliminate barriers to trade .
4 , to a certain extent on the development of English maintaining national interests in international trade
GATT believes that those who can only maintain low standards of living , in the early stages of development of the Parties to the gradual economic growth , will help to achieve the purposes of this Agreement . Therefore, the provisions of this development Britain GATT countries can enjoy some additional conveniences such as in the tariff structure to maintain sufficient flexibility , so as to establish a particular industry to provide the necessary tariff protection for BOP purposes implementation of quantitative restrictions . With the development of the British National Party in the GATT increased its trade status and interests increasingly attracted the concern of the GATT Contracting Parties , together with developing countries to fight and struggle against the British , the GATT has taken some measures to facilitate development of English national foreign trade development. In 1963, at the Ministerial Conference of the Parties , specifically for the development of English country's trade and development issues , updating of Part 4 of the GATT "Trade and Development " , so that the development of English countries enjoy more favorable treatment . In the Uruguay Round , many countries that developed countries should not be in the negotiations for its commitment to the development of English national obligation to expect reciprocity ; developed countries, the LDCs should also not be required commitment and their economic, financial and trade development is not consistent with obligations. All of this is to reduce the burden on the national economy development Britain , prompting the development of English national economic and trade development is a positive role .
5, in order to provide countries in the economic and trade negotiations and dialogue spaces
Since the original GATT ready to become a part of the World Trade Organization , in the drafting of the General Agreement , they did not provide to the relevant provisions of the organization . After the collapse of international trade organization , GATT obligations of the entity is required by some decision-making bodies to monitor implementation. General Agreement on Tariffs and Trade , by definition just a " agreement " rather than an "organization" , but the fact of the General Agreement on specific historical stage became an international organization, the General Agreement had set up their own organization, which has set up Permanent Secretariat in Geneva , the Permanent Representative of the Parties composed of a council, and the annual Conference of the Parties . GATT Contracting Parties to participate in a separate action, the Parties will use lowercase letters (Contracting Parties) or member (Members) to represent ; when the Contracting Parties to collective action then use uppercase letters (CONTRACTING PARTIES) to represent. Therefore, under certain conditions, the GATT Contracting Parties become legal mechanisms to address trade relations , in order to mediate between the parties provided a venue for trade relations and facilitate the opportunity for Parties on trade and other issues in a timely manner mediation consultations , so that the trade differences , the dispute can be resolved in a timely manner to protect Parties GATT rights and obligations , resulting in the organization , the General Agreement on procedures for the realization of the objectives laid the foundation.
Second, the shortcomings and limitations of the GATT
GATT was established more than 50 years , many countries and regions to promote the prosperity and development of the post-war development of the world economy and trade has played a positive role in promoting. However, it must be noted that the GATT , there are still many shortcomings and limitations , make up and need to be further improved.
1 many of the GATT rules are not tight, there is a great gap to implement , and some lack of legally binding. Some countries in accordance with the provisions of the respective interests of understanding agreement , GATT and the lack of the necessary verification and monitoring tools . For example, article 19 of the General Agreement , when increased imports causing serious injury to domestic producers or serious threat , allowing the Parties to the emergency import restrictions . But the General Agreement did not specify how to determine how to establish the damage and injury investigation and verification , nor did it " domestic producer" definition , which gives the implementation of this provision caused many difficulties and troubles. For example, although the terms of reference should be based on the domestic market, " serious harm" , but in some countries the situation is not serious or use other means of comparative ease , they have to refer to the terms of his country to take drastic measures .
2, the GATT , there are still "gray area measures ." The so-called " gray area measures" means Parties to circumvent Article 19 of the General Agreement on safeguards taken discriminatory trade policy measures. For example, some Parties in the international trade, the use of domestic legislation and administrative measures to implement trade discrimination against other countries , including through bilateral arrangements forcing other countries to accept the export restrictions , such as " voluntary export restrictions ." Because too many exceptions to the principle of GATT , leading to many of the principles can not be well suited . United States to use exceptions to the MFN principle to cancel the Polish MFN is proof. Too many exceptions and exceptions abuse has affected many of the basic principles of GATT implementation .
3, to resolve international trade disputes , there is no legally binding coercion . GATT to resolve international trade disputes is the primary means of negotiation , finally just parties joint action , the lack of legally binding means of coercion . Therefore, the settlement of disputes is also inadequate to the full implementation of the GATT not an important reason . U.S. trade war protracted agricultural products between the United States and the European Community of the dispute at loggerheads, is proof.
4, successive GATT multilateral negotiations by some big powers about the situation long term policy has not been fundamentally changed. For a long time , based on previous negotiations have been a few big powers especially the United States as the leading domestic policies and laws , the major operator in the decision-making power to the hands of the US-led Western countries . Despite the establishment of the European Community as well as the rise of Japan , the balance of power in the GATT certain changes , but because these countries are developed countries have common economic interests at stake . Therefore, from the 1940s to the 1970s , the GATT is basically a few developed countries to adjust trade policy places. In recent years, the developing countries have asked to join the British GATT , the General Agreement on developing countries in the United Kingdom 's position has improved significantly. However , on behalf of 2 /3 of the development of the British National Party in the political and the United States, and other Western European countries have no common interests , the economy can not act in concert with the United States and Europe .
Conclusion:
GATT is based on the implementation of a market economy based on free trade system . Free trade (Free Trade) is "to protect trade" symmetry . Refers to the state of import and export trade without interference and restrictions , allowing the free movement of goods export and import trade policy . The task is to restore the GATT has been 30 years of economic crisis protectionist bilateral reciprocity and Second World Wars choking world trade , is committed to the creation of a trade conditions aimed at achieving stability and transparency , and gradually promote trade liberalized trading system. The terms of the General Agreement will fully reflect the market- based economy principles of free trade .
GATT provisions , whose purpose is : Parties in dealing with their trade relations and economic affairs should be to improve the standard of living , ensuring full employment , real income and effective demand to ensure the tremendous continued growth , the expansion of world resources to fully utilization and development of commodity also reductions in tariffs and other trade barriers , the abolition of discriminatory treatment in international trade agreements . And this agreement must be mutually beneficial . For over 50 years , the GATT to achieve this aim have made unremitting efforts and achieved great achievements , the rapid growth of world trade . But the GATT and its purpose has been achieved is still a big gap between the requirements of countries in the world has reached more than 2500 kinds of non-tariff measures , has become the biggest obstacle to international trade . This may be an important reason for WTO replaced GATT .
