A Legal Analysis under EU and WTO Law
A Legal Analysis under EU and WTO Law
1. Introduction
The deepening global economic globalization and regional economic integration have led to numerous trade issues and disputes. Under the framework of WTO and EU law, this paper attempted to address its two specific issues: the tariff over the free movement of trading goods; the pesticide residue under non-tariff barrier. Respectively as the representative outcome of economic globalization and regional integration, WTO and EU are different in some principles despite of their interaction and similarity. Thereupon, subject to WTO and EU laws, the legitimacy of trading is critical to the development and policy-making of import and export trade between within member countries.
2. Case Studies on Tariff over the Free Movement of Trading Goods and on Pesticide Residue under the Non-tariff Barrier
2.1 Tariff over the Free Movement of Trading Goods
2.1.1 The legitimacy judgment and analysis under the law of WTO
The legitimacy of 30% tariff upon all import automobiles imposed by Country B under the law of WTO shall be determined by which trade act that the imposition targets at. The government of Country B accounts its collection of 30% tariff for the recession of its domestic automobile industry. That is, this country takes this measure under the circumstance that its domestic industry is injured or threatened. Therefore, the 30% tariff may be a safeguard measure, anti-dumping duty or anti-subsidy duty. One of the preconditions for safeguard measure, anti-dumping duty and anti-subsidy duty is the occurrence of injury or threat of injury to the domestic industry1, whose degree is varied. The first measure is distinguished from the other two in that the latter are not subject to the most-favored-nation clause and are imposed on a specific country. By contrast, the safeguard measure must be non-discriminate and cannot be taken on the import of a specific country2. As the tariff levy of Country B is for all
1. Introduction
The deepening global economic globalization and regional economic integration have led to numerous trade issues and disputes. Under the framework of WTO and EU law, this paper attempted to address its two specific issues: the tariff over the free movement of trading goods; the pesticide residue under non-tariff barrier. Respectively as the representative outcome of economic globalization and regional integration, WTO and EU are different in some principles despite of their interaction and similarity. Thereupon, subject to WTO and EU laws, the legitimacy of trading is critical to the development and policy-making of import and export trade between within member countries.
2. Case Studies on Tariff over the Free Movement of Trading Goods and on Pesticide Residue under the Non-tariff Barrier
2.1 Tariff over the Free Movement of Trading Goods
2.1.1 The legitimacy judgment and analysis under the law of WTO
The legitimacy of 30% tariff upon all import automobiles imposed by Country B under the law of WTO shall be determined by which trade act that the imposition targets at. The government of Country B accounts its collection of 30% tariff for the recession of its domestic automobile industry. That is, this country takes this measure under the circumstance that its domestic industry is injured or threatened. Therefore, the 30% tariff may be a safeguard measure, anti-dumping duty or anti-subsidy duty. One of the preconditions for safeguard measure, anti-dumping duty and anti-subsidy duty is the occurrence of injury or threat of injury to the domestic industry1, whose degree is varied. The first measure is distinguished from the other two in that the latter are not subject to the most-favored-nation clause and are imposed on a specific country. By contrast, the safeguard measure must be non-discriminate and cannot be taken on the import of a specific country2. As the tariff levy of Country B is for all
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