China Business and Market

The Developmen­t of Internatio­nal Trade Law and China’s Countermea­sures Based on China-US Trade Conflict

- CHEN Ding-zhuang

(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

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