Title Page
ABSTRACT
Contents
ABBREVIATION 12
CHAPTER ONE: GENERAL INTRODUCTION OF TECHNICAL BARRIERS TO TRADE 13
1.1. Introduction 13
1.2. Analysis of the Nature of Technical Barriers to Trade 14
CHAPTER TWO: REGULATION OF TECHNICAL TRADE BARRIERS BY WTO LAW 16
2.1. The Forms and Principles of Technical Barriers to Trade stipulated in the TBT Agreement 16
2.1.1. Technical barriers to trade as defined in the TBT Agreement 16
2.1.2. The main principles of the TBT Agreement 29
2.1.3. Defect analysis of "TBT Agreement" 36
2.2. Provisions on technical barriers to trade in other agreements under the WTO framework 41
2.2.1. GATT 1994 and the Agreement on the Establishment of the World Trade Organization 41
2.2.2. WTO Agreement Related To TBT 43
2.2.3. Agreement on the Implementation of Sanitary and Phytosanitary Measures 44
2.3. WTO/DSB Disputes on Technical Trade Barriers 50
2.3.1. Overview of technical trade barrier disputes 50
2.3.2. Reference to the TBT Agreement in the WTO/DSB report 51
2.3.3. Application of GATT and TBT/SPS protocols 52
2.3.4. Practice related to Article 14.2 of the TBT Agreement 53
2.3.5. The Challenge of WTO Dispute Settlement Mechanism in Dealing with Such Disputes 54
2.4. Practical Interpretation of Article 20, Section B and G of GATT 59
2.4.1. Interpretation of the Necessary of the Article 20 of the GATT by the Panel of Experts and the Appellate Body 59
2.4.2. Interpretation of Article 20 G of GATT by the expert group and the Appellate Body 61
2.4.3. The preamble of Article 20 of GATT and the two-tier test of Sections B and G (two-tier test) 65
2.4.4. Extraterritorial effect of measures based on Article 20B and G of GATT 66
2.4.5. Changes in Attitudes to Article 20 Interpretation Rules and Legal Sources in Different Periods of GATT and WTO 67
2.5. Interpretation of dispute settlement practice under TBT agreement 69
2.5.1. Practice of the expert group and the Appellate Body to determine the standards of "technical regulations" 70
2.5.2. Practice of the Expert Group and the Appellate Body on Article 2.1 of the TBT Agreement 72
2.5.3. Practice of the Expert Group and the Appellate Body on Article 2.2 of the TBT Agreement 85
2.5.4. Dispute Resolution Practice under the SPS Agreement 89
CHAPTER THREE: CHINA'S IMPORTANT TRADING PARTNER TECHNICAL BARRIERS SYSTEM 93
3.1. US and EU's technical trade barrier management agencies 93
3.1.1. American regulatory agency for technical trade barriers 93
3.1.2. EU regulatory agency for technical trade barriers 98
3.2. US and EU's Technical regulations system 101
3.2.1. American technical regulations 101
3.2.2. Technical regulations system under the EU "One Market Plan" 103
3.3. Standard system of US and EU 106
3.3.1. American standard system 106
3.3.2. EU unified standardization system 107
3.4. Early warning mechanism for technical trade barriers of US and EU 109
3.4.1. US Technical Barriers to Trade Notification and Early Warning Mechanism 109
3.4.2. EU's technical trade barrier early warning mechanism 112
3.5. Review on Technical Trade Barriers of Major Trading Partners 114
3.5.1. Objective differences between technical barriers between developed and developing countries 115
3.5.2. Commonalities in technical trade measures in developed countries and regions. 117
3.5.3. New characteristics of the development of technical trade barriers 119
3.5.4. Regional development characteristics of technical trade barriers 123
CHAPTER FOUR: THE IMPACT OF TECHNICAL BARRIERS TO TRADE ON CHINA AND ITS COUNTERMEASURES 125
4.1. Overview of China's impact on TBT measures by US and EU 125
4.1.1. Impact of EU technical trade measures on Chinese goods 126
4.1.2. The Impact of US Technical Trade Measures on Chinese Commodities 131
4.2. Analysis of China's Response to Technical Barriers to Trade 133
4.2.1. Analysis of problems existing in Chinese enterprises and products themselves 134
4.2.2. Analysis of the problems existing in China's technical regulations, standards and certification systems 135
4.2.3. Analysis of the problems existing in China's trade associations 136
4.2.4. Analysis of China's lack of effective early warning mechanism for technical trade barriers 137
4.2.5. Chinese companies invest overseas to bypass TBT restrictions in relevant countries and regions 137
4.2.6. Analysis of the Role of Chinese Government in Developing RTA/FTA to Reduce TBT 138
4.3. China's TBT/SPS Dispute Practice Analysis 139
4.3.1. China's TBT/SPS Dispute Practice Analysis in WTO/DSU 139
4.3.2. China should attach importance to the rational use of the rights conferred by the WTO agreements. 142
CHAPTER FIVE: CONCLUSION 146
REFERENCES 149