The Development of International Trade Law and China’s Countermeasures Based on China-US Trade Conflict
(Xiamen Huaxia University,Xiamen,Fujian361016,China)
Abstract:The China- US trade conflict,which is aroused by the United States,is actually a challenge to the multilateral trading system with WTO as its core. The conflict also reflects the problems existing in the development of international trade law. On the one hand,domestic trade laws of various countries are in conflict with WTO rules. In order to solve this conflict,it objectively requires the continuous development of WTO rules,but WTO rules develop slowly ( It is extremely difficult to change or reach WTO rules due to the implementation of one-vote veto system in the formulation of WTO rules). On the other hand, there are significant differences in the understanding of the WTO agreement. For the United States,the WTO agreement constitutes a contract that requires strict interpretation,and only disputes within clear jurisdiction can be referenced to the WTO Appellate Body. But for some other members,the WTO agreement is the "constitution" of the WTO Appellate Body and gives it the power to interpret the WTO agreement and set rules to resolve obscure matters. Therefore,in the development of international trade law,regional trade agreements and bilateral trade agreements prevail. The Chinese position in the China-US trade conflict requires China to take corresponding countermeasures according to the development and change of international trade law. China should improve the domestic trade law and intellectual property law including foreign trade negotiation mechanism,trade remedy legal system,domestic enforcement mechanism of WTO ruling,foreign trade retaliation mechanism,etc. China also needs to make more regional and bilateral trade agreements and encourages "greenfield investment" on oversea investment.
Key words:China-US trade conflict;trade deficit;intellectual property rights;international trade law;trade remedy