|
Anti dumping law of our state should add some new provisions concering the fact that,after China's entry into WTO,foreign products will pour in,even dump in large scale.This paper presents two possible solutions.One is to strengthen the protection of domestic industry by improving anti dumping law.The other is that the improvement of anti dumping law should be incorporated into the framework of international anti dumping low,in acccord with the fundamental principles of the Anti dumping agrement made by... Anti dumping law of our state should add some new provisions concering the fact that,after China's entry into WTO,foreign products will pour in,even dump in large scale.This paper presents two possible solutions.One is to strengthen the protection of domestic industry by improving anti dumping law.The other is that the improvement of anti dumping law should be incorporated into the framework of international anti dumping low,in acccord with the fundamental principles of the Anti dumping agrement made by WTO. 我国加入WTO后 ,国外产品将大量涌入甚至可能出现大规模的倾销 ,鉴于此 ,我国的反倾销法有必要做出有效的应对。本文从两方面提出了应对的方向 ,一方面通过完善反倾销法强化对国内产业的保护 ,另一方面反倾销法的完善又必须置于国际反倾销法领域的框架下 ,符合WTO反倾销协议的基本规则。 At the very beginning of integration of Europe, the EC defined economic integration as its primary objective and human rights did not fall into its main activities. However, with the progress of European integration, human rights become a cornerstone in the external relations of the EC as well as a matter of concern within its territory. Through amendment of its basic treaties and adoption of relevant human rights laws, the EU has established the legal status of human rights within the framework of the Treaty... At the very beginning of integration of Europe, the EC defined economic integration as its primary objective and human rights did not fall into its main activities. However, with the progress of European integration, human rights become a cornerstone in the external relations of the EC as well as a matter of concern within its territory. Through amendment of its basic treaties and adoption of relevant human rights laws, the EU has established the legal status of human rights within the framework of the Treaty of European Union. At the same time, it has also created its own distinctive forms of human rights. 欧洲共同体最初将经济一体化作为首要目标 ,人权不构成其主要活动领域。随着欧洲一体化的进程 ,人权成为共同体对外关系的基石以及其域内关注的事项。通过修改基础条约和制定有关的人权法律 ,欧盟在《欧洲联盟条约》框架下确定了人权的法律地位 ,同时创造了独有的人权类型。 WTO's dispute settlement system has its own obvious juridical character. It provides a reliable safeguard for the implementation of WTO's multilateral agreements. On the other hand, the WTO has the obligation to regulate the international investment issues, and the multilateral agreements within its legal framework can exercise influence on the flow of international investment. As the disputes raised from these agreements must be settled according to the WTO's dispute settlement system, the WTO's dispute settlement... WTO's dispute settlement system has its own obvious juridical character. It provides a reliable safeguard for the implementation of WTO's multilateral agreements. On the other hand, the WTO has the obligation to regulate the international investment issues, and the multilateral agreements within its legal framework can exercise influence on the flow of international investment. As the disputes raised from these agreements must be settled according to the WTO's dispute settlement system, the WTO's dispute settlement system is capable of providing new chances and new methods for the settlement of international investment disputes,making up the inefficiency of the traditional investment dispute settlement methods, creating a non politicized climate for the settlement of investment disputes and guaranteeing the justice of the settlement of international investment disputes. WTO的争端解决机制是一个具有司法性质的争端解决机制 ,为 WTO框架下的多边协议的贯彻执行提供了强有力的保障。由于 WTO已经将投资问题纳入其调节范畴 ,WTO法律框架下的一系列协议都直接或间接地与国际投资相关联 ,且产生与这些协议的争议都须适用 WTO争端解决机制来解决 ,因此 ,WTO争端解决机制事实上为投资争议的多边解决提供了新的机遇 ,它可以弥补一系列传统投资争议解决方法的不足 ,推动投资争议解决的“非政治化”,确保投资争议解决的公平和公正。
|