摘要:这是一篇关于关于关贸总协定和世贸组织国际的国际经济法的留学生论文,尽管关贸总协定和世贸组织已经在促进公平的国际贸易方面努力了几十年,但还是有一些明显的例外。
nally the British government had succeeded in making voluntary export restrain arrangement with these exporting nations. By the increasing penetration of their market by textile exports from developing countries, USA, UK and other European nations succeeded in bye passing the GATT by formulating the new strategies of short term agreements in July 1961.6 Later on these STA’S leading to long term agreements covering cotton textiles with 32 developing nations by united states between the period 1962-1972. These STM’s and LTA’s subsequently gave birth to Multi fiber arrangements in between the years of 1974-94 and these arrangements took control over the global textiles and apparels trade through a complex system of quantitative restrictions and voluntary export restraints thus making this textile industry fell out of the GATT 1947 multilateral trading system. As a result of the essential industrial sector (textiles and agriculture) exemptions to GATT made its multilateral trade system deviated.
5 Peter Van den Bossche, The Law and Policy of the World Trade Organization (Text, Cases and materials, Cambridge university press, UK, 2005) 449;
6 Dr. H.R.Sheikh, ‘Textile industry: GATT-WTO’, Economic review [9-10-2001](EBSCO publishing 2002)23.
Genesis of multi fiber agreement International trade in textiles and apparels is governed by a system of ratified bilateral tariffs and quotas known as the Multi fiber Arrangements called the Multi fiber Agreement (MFA) framework throughout most of the world. The textiles sector will be integrated within the GATT 1994 of WTO in 2005, where quota restrictions will be removed. The MFA participants are most industrial and developing countries and covers products made of cotton, synthetic fibers, wool, and silk. However the STA’S, LTA’S and the bilateral agreements concerning the man made fiber which were discussed above laid the foundation stones, the innate problems of the textile trade itself provided the major momentum for the genesis of the new international trade agreement MFA7
Motivation For Provisions of The MFA There were five major flaws in the past agreements which motivated for the provisions of the MFA
LTA did not cover the increasingly important synthetic fibers.
Developing nations disliked the bilateral self restrained agreements sanctioned by the LTA.
Cotton textile producers felt that an agreement disciplining synthetic textile products would also be provide better safeguards for their market share of textile agreements.
7 McLean, Ernest C, ‘World Textile Multi-Fiber Arrangement: a Question of Balance’, (1979) Vol. 4, Issue 3, N.C.J. Int'l L. & Com. pp 265
It was felt that new multilateral arrangement could better clarify the problems of the market disruption.
The developing nations also required better control of the market disruption through an international surveillance body which did not exists in the LTA.
In addition to the above, due to decrease in the importance of the natural fibers the cotton and yarn trade grew slowly from 1962-1970. The decline of cotton export by LDC’s in 1969 has continued into the 1970’s at the same time in 1970 man made fibers constituted forty percent of the fabric imports by western industrialized nations. The United States especially focused on this tidal wave of imports would result in job
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