欧美TTIP贸易管制合作新范式与中国因应

A Research on the New Paradigm of Global Trade Regulatory Cooperation in TTIP and Chinese Reaction

TTIP贸易管制章节展现了全球贸易管制合作的最新范式,正将全球经贸领域从"经济之争"引向"制度竞争"。国家间进行良好的贸易管制合作是新时期的必然要求,但多边和区域层面的规范和制度供给严重不足。欧盟和美国当前正通过TTIP创设新型的贸易管制合作机制,其制度设计独特、灵活、务实,能够有效平衡国际合作与管制主权的关系。欧美将以渐进开放的方式克服管制趋同化中的障碍,必会推高全球贸易管制标准及公共政策的保护,并引领全球贸易的"管制良治实践"。但是,TTIP管制合作新范式存在一定的战略意图而可能演变为新贸易壁垒,会对发展中国家带来极大的挑战。中国需要在全面评估、准确判断的基础上提前制定有效的内外应对方案。

With the development of trade,cross-border flows of data and the formation of global value chains,the difference of trade regulations between countries have caused unnecessary trade burdens and institutional costs. In order to promote in-depth development of the international economy and ensure global consumers’ safety and environmental protection,it is necessary to have good trade regulatory cooperation between countries. However,the relevant norms and mechanism at the multilateral and regional levels are seriously deficient. The European Union and the United States are currently creating a new type of mechanism on trade regulatory cooperation through TTIP which reflects a new paradigm of global trade regulatory cooperation. It consists of specific contents of four parts：the sectors and fields for cooperation,the institutional framework,good governance practices,and the ＂Impact Assessment＂. The mechanism is uniquely designed,flexible,and pragmatic which can effectively balance the relationship between international cooperation and the sovereignty for regulations.Being a permanent dialogue and cooperation mechanism,it has a high degree of openness and public promotion. However,there are still differences in sensitive areas,regulatory principles,and constitutional and political structure arrangements between the EU and the United States which make their regulatory convergence difficult. In view of this,the EU and the United States have chosen pragmatic and flexible legislative techniques,and have changed the option of＂international high standards＂ to the gradual cooperation model. If the cooperation between the two sides is achieved,the global trade regulatory standards and public policies will highly be promoted,and the ＂good governance practice＂ of global trade will become a lead. However,the shift of ＂economy competition＂ to ＂institution competition＂ led by the EU and the United States will increase the cost of competition and block the market access of other countries by raising the rules’ threshold. In particular,the democratic evolutionary requirements implied in it will inevitably bring big challenges to developing countries. China’s participation in international economic activities in the future will be subject to strong external pressures which demand the improvement of government management and institutional establishment. China needs timely and effective reactions internally and externally. At the international level,China needs to actively participate in the international legislative activities of trade regulatory rules,carefully handle the relationship between trade liberalization and sovereignty for regulations,and steadily launch ＂Chinese trade regulatory cooperation＂. The following measures are recommended：to participate in the international organizations（e.g.OECD）research and guideline formulation activities; to provide the framework of trade regulatory cooperation in China’s high level FTAs,and to create a ＂trade regulatory cooperation version＂ for developing countries with the opportunity of the ＂One Belt,One Road＂ proposal.At the domestic level,China needs to strengthen the economic structural reforms and optimize government management. First,green and healthy industries with ideas of sustainable development,labor and environmental protection should be promoted,and high-quality and environmentally-friendly products meeting international high standards shall be encouraged.Second,transparency and participation of the people need to be guaranteed. Third,develop China’s own trade regulatory ＂Impact Assessment＂ with long-term effects. Fourth,deregulate and decentralize the power in trade and investment regulations,and improve the efficiency and safety of regulations with new technologies through the new attempts in China’s free trade zones.