美欧贸易壁垒调查立法及应对机制的制度分析

System Analysis on Trade Barrier Investigating Legislations and Corresponding Mechanism of US and EU

WTO争端解决机制与成员方通过国内立法建立的贸易壁垒调查制度共存的现状,影响着WTO规则改革的方向。美欧贸易壁垒调查应对机制在实践中具有不同战略构想,同时也存在相似的政策取向。它对于WTO其他成员国建设自身贸易预警机制具有重要借鉴价值,中国应研究美欧关于贸易壁垒调查立法的改革及调整,不断完善贸易壁垒调查制度,赋予国内企业提出贸易壁垒调查申请的充分权利。

The co-existence situation between the mechanism about disputes settlement of WTO and the trade barrier investigating system established through the domestic legislation of WTO member are affecting the WTO rule reform direction. The corresponding mechanism of US and EU trade barrier investigation has different strategies in practice and has the similar policy orientation at the same time. It has important model value for other WTO members to construct its own trade pre-warning mechanism. China should study and track the reform and adjustment experiences of US and EU＇s trade barrier investigating legislation, consummate the trade barrier investigation system unceasingly, and endure domestic enterprise with the sufficient right to propose the trade barrier investigation application.