留学生国际经济法 [5]
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论文字数:3258论文编号:org201409161257028292语种:中文 Chinese地区:中国价格:免费论文
关键词:关贸总协定世贸组织国际经济法ECONOMIC LAW
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。
ucts. The TSB reported that MFA III was strictly implemented with new additional measures were used to establish market disruption or threats therefore consequently, exports of textiles and clothing from developing countries were subjected to the restrains on the basis of unilaterally determined mechanism. It is evident from the above mechanisms that newer suppliers among the developing countries and LDC’s were faced severe consequences thus further the GATT rules were derogated.9
Cardinal Glove Co., Inc v United States - A case of violation of MFA
The promulgation of “country of origin” by United States provides an example for the functioning of the MFA III. The United States formulated more stringent rules to importation of goods in textiles and trade by President Reagan in May 1984. The president asserted that the textiles imported in the country by exporter were violating the MFA.
9 Dr. H.R.Sheikh, ‘Textile industry: GATT-WTO’, Economic review [9-10-2001](EBSCO publishing 2002)24.
And concluded that it was an attempt to nullify the violation of MFA, the stated purpose of the regulation of this country of origin was to prevent the circumvention or frustration of multilateral and bilateral agreements. It is evident from the case cardinal gloves co., Inc v united states in this particular case the cotton gloves assembled in the Haiti were originally manufactured in Hong Kong had been denied entry into the united states due to the lack of export licenses as required by the bilateral agreements between Hong Kong and united states. But the court of international trade determined the negative implication that since the gloves were manipulated, treated and processed in Haiti was observed with the substantial transformation. The court said that importers might seek to evade restrictions contained in agreements such as the bilateral and Multifibre arrangements.10
10Stewart, Michael T, ‘Country of Origin Regulations: A Case Study in the Violation of the Multifiber Arrangement’ (1985) Vol. 5, Issue 2 J.L. & Com 558
1986-92 Multi Fiber Agreement (MFA IV)
The MFA was further renewed for the fourth time with the expanded coverage of the anti surge and anti fraud measures with special treatment of imports in certain areas. At this stage of MFA the restrains were extended on the fibers made fro the vegetables and silk. And it was strongly opposed by china. The special two provisions of the MFA IV which concern for the trade liberalization were, the developed countries were advised that not to impose the restrains on textile exports especially from the LDC’s and special consideration were given to cotton textiles from cotton producing countries.
Evaluating the need to phase out the MFA
The “orderly growth” was one of the set goals of the MFA and to allow imports entering markets such as the United States with mandate growth of 6% while the internal US markets is growing by an average of only 1 to 15% per annum but when textile trade growth rate rose drastically the failure of MFA has started. During the period of 1980-1986 the textile trade imports growth raise was 160 percent with the heavy losses of the domestic employment was estimated that nearly 287,000 jobs were lost when compared to before 1980 and observed trade deficit of 4.7 – 21.3 billion dollars. As the MFA runs counter to the spirit of the multilatera
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