优惠性原产地规则中的累积规则研究

Cumulation Rules in Preferential Rules of Origin

作为优惠性原产地规则的累积规则,已在普遍优惠待遇制度和优惠贸易安排中广泛运用,其作用也已引起世界各国的广泛关注,并在全球引发了激烈的争论。累积规则有五种类型,具有双重作用。用GATT/WTO现有的规则分析,会出现一个悖论,即允许累积会违反GATT/WTO的规定,不允许累积也会违反GATT/WTO的规定。国内外广泛的争论表明,在较长的时间内,只要优惠性原产地规则存在,限制性原产地规则就会存在,累积规则就会存在。中国在优惠贸易安排中的原产地规则中对累积规则的运用还很不充分,应充分借鉴泛欧模式中的实践,更灵活充分地运用累积规则,以更好地促进区域经济的发展。

Cumulation rule is broadly applied in the GSP and PTAs for its peculiar and important implications. Its role is paid much attention all over the world, and accordingly has brought about many arguments. There is no authoritative explanation for the cumulation rule at the international and domestic level. There are five types of cumulation generally. Cumulation rule has dual function. There are arguments in theory whether cumulation rule is consistent with the rules of GATT/WTO because it can lead to trade diversion in practice. Analyzing by GATT/WTO rules, there is a paradox concerning cumulation： on one hand, if cumulation exists, it will violate the GATT/WTO rules; on the other hand, if removing the cumulation, it will violate GATT/WTO rules too. It can be predicted that PRoOs will exist as long as the RoOs exist, and cumulation rule will exist as long as PRoOs exist in the long run with view to the wide practice at home and abroad. We have not made full use of cumulation in the PTAs in which China is a partner. We should gain some enlightenment from international practice of cumulation to promote the integration of local economy.