中美的贸易战打响了。

JD@UVAUID: 3503603

中美的贸易战打响了。



在WTO 层面，是否有合格的律师也打一仗？比如签的WTO协议中国是否执行了？美国的贸易制裁是否合乎WTO的规范？

JD@UVAUID: 3503603

U.S. Perspective

ITIF’s report examines a wide gap between China’s WTO commitments and practices, explores how so many of the original proponents of China’s WTO membership got it so wrong, and explains how only a policy of “constructive confrontation” will prove adequate in addressing China’s increasingly innovation mercantilist trade practices.

The report documents promises China made in joining the WTO and then failed to fully deliver on, including:

• Refraining from requiring technology transfer as a condition of market access;
• Joining the Government Procurement Agreement;
• Requiring state-owned enterprises to make purchases based on commercial considerations;
• Giving foreign banks national treatment;
• Opening the telecommunications market to foreign producers;
• Liberalizing foreign film distribution;
• Substantially reducing export subsidies;
• Significantly reducing intellectual property theft and violations; and
• Abiding by the Technical Barriers to Trade Agreement and not manipulating technology standards.
  

https://itif.org/publications/20 ... ments-and-practices

JD@UVAUID: 3503603

Chinese Perspective

So far, China has implemented most of its WTO commitments on schedule and complied with most of the cases it has lost in the WTO. While there have been some debates on whether these are compliances on paper or in substance, the more important fact is that China acknowledges the legitimacy of the WTO rules and is willing to subject itself to the authority of the WTO. But as the WTO increasingly comes under attack in the West, China will start to doubt the WTO as well. When China escalates its emulation of the West from words to actions, the United States and the European Union might finally remember the warnings from Ambassador Zhang, but it will be too late.

http://www.eastasiaforum.org/201 ... r-china-in-the-wto/

JD@UVAUID: 3503603

Original Agreement

As a result of the negotiations, China has agreed to undertake a series of important commitments to open and liberalize its regime in order to better integrate in the world economy and offer a more predictable environment for trade and foreign investment in accordance with WTO rules.

Among some of the commitments undertaken by China are the following:

• China will provide non-discriminatory treatment to all WTO Members. All foreign individuals and enterprises, including those not invested or registered in China, will be accorded treatment no less favourable than that accorded to enterprises in China with respect to the right to trade.
• China will eliminate dual pricing practices as well as differences in treatment accorded to goods produced for sale in China in comparison to those produced for export.
• price controls will not be used for purposes of affording protection to domestic industries or services providers.
• the WTO Agreement will be implemented by China in an effective and uniform manner by revising its existing domestic laws and enacting new legislation fully in compliance with the WTO Agreement.
• Within three years of accession all enterprises will have the right to import and export all goods and trade them throughout the customs territory with limited exceptions.
• China will not maintain or introduce any export subsidies on agricultural products.
  

https://www.wto.org/english/news_e/pres01_e/pr243_e.htm