1. the dispute over the subject status of non-governmental organizations in international economic law.
2. The dispute over the subject status of international economic law of multinational corporations.
3. Determine the standards of the subject of international economic law.
Second, the criteria for determining the subject of international economic law: from the perspective of the adjustment object of national economic law.
Premise: the object of international economic law adjustment in a broad sense. Unlike the narrow sense of international economic law, which is only a branch of public international law, the broad sense of international economic law holds that its adjustment objects are not only limited to the economic relations between governments, international organizations and between governments and international organizations, but also include a large number of economic relations between individuals belonging to different countries, between legal persons, between individuals and legal persons, and between individuals and other governments or international organizations. The author believes that international economic law not only adjusts the vertical legal relationship of international economic control, but also adjusts the horizontal legal relationship of international transactions. The subject of international economic law exists in these two legal relationships. Therefore, actors who are in any kind of legal relationship and assume certain rights and obligations should be regarded as the subject of international economic law. In the process of adjustment of international economic law, the subject who enjoys legal rights and undertakes legal obligations is the subject of international economic law. Therefore, it includes not only national governments and international organizations engaged in transnational economic exchanges, but also all natural persons and legal persons engaged in such economic exchanges.
Three. Analysis and conclusion.
From this point of view, non-governmental organizations have played an active role in establishing a new international economic order and restricting international economic activities. It can be considered that they shoulder the economic adjustment functions of some countries. In addition, when it participates in international economic activities as an equal subject, it is regulated by international economic law. Therefore, it is certain as the subject of international economic law. For multinational companies, the focus is on the impact of their economic activities on international economic law and their participation in international economic activities, which also proves that they are the main body of international economic law.
Finally, whether this division of international economic law will cause unnecessary trouble. I don't think so. This is only a theoretical division, and it is only to make the international economic and legal relations clearer. So as to distinguish the identity, function and legal status of the subjects of legal relations under different circumstances.
2. Liu Yihua: the subject of international economic law
First, the scope of adjustment of international economic law
"Generalized Theory" and "Narrow Theory". On the subject issue, it is considered that countries, international organizations or international economic organizations are the subjects of international economic law, and there are different views on whether individuals and legal persons have the subject qualification.
Second, the concept of the subject of international economic law
Scholars have the same view on the essence of this concept, but also have different views.
The elements of judging the subject of international economic law: the composition and judgment of the subject qualification of international economic law from the relationship between the civil subject's right ability and the subject qualification in civil law principles.
Third, focus on multinational companies and investigate their main position and particularity.
China company is the subject of international economic law to a certain extent: proof of relevant provisions of international judicature and international organizations. Recognizing limited status as the subject of international economic law is to better adjust its behavior, promote a fairer distribution of global wealth and help establish a more reasonable international economic order.
Transnational corporations have a deeper influence on the host country and must be controlled by national economic sovereignty. Since China joined the WTO in 200 1, the total import and export volume has increased year by year. In 20001year, the total import and export volume was $509.05 billion, of which the export volume was $266/kloc-0.00 billion and the import volume was $243.55 billion. In 2007, the total import and export volume was $265.438+073.83 billion, of which the export volume was $65.438+0265.438+0802 billion and the import volume was $955.82 billion. China's foreign trade growth rate has remained above 20% for six consecutive years, and its total import and export volume has increased by 4.27 times, ranking third in the world trade volume. However, in the process of development, there are also some problems that affect China's exports.
First, China's foreign trade problems
1. The development of service trade lags behind.
The development level of China's service trade lags behind that of goods trade, and the ratio of service trade exports to goods trade exports is 1: 9, which is far below the world average 1: 4.2 (1: 2.6 in the United States).
(1) China's service trade is small in scale and poor in overall level. The total service industry in China is insufficient. In 2006, the export value of service trade was 92 billion US dollars, the import value was/kloc-0.08 billion US dollars, and the trade deficit was 8.8 billion US dollars, which was at a low level in the national economy. The backward service industry has greatly restricted the development of China's service trade. In 2006, China's total service trade accounted for 3.6% of the global service trade, while the United States' total service trade accounted for 13.02% of the global total, which was 3.6 times that of China.
(2) The service trade structure is unreasonable.
① The structure of the export department is unreasonable. At present, China's service trade exports are mainly concentrated in traditional service fields such as transportation, tourism and construction. ② The country (region) structure of service trade is unreasonable. China's import and export of service trade is mainly concentrated in Hongkong, EU, USA and Japan, accounting for more than 60% of China's total import and export. ③ The regional development of service trade is unbalanced. China's service trade is mainly concentrated in the developed coastal areas, among which Beijing, Shanghai, Guangdong, Zhejiang and Tianjin are in the forefront of the national service trade exports. In 2006, Beijing's service trade accounted for 19% of the total national service trade.
(3) The laws and regulations of service trade are not perfect. China's legislation on trade in services is seriously lagging behind, and it has not been greatly improved until recent years. The legislation of service trade has not formed a system, and a considerable number of laws are in a blank state. Some laws and regulations on trade in services that have been promulgated are not only abstract, but also lack operability. Moreover, the low level of legislation and lack of coordination have affected the unity and transparency of China's service legislation, and some provisions still have a certain gap with international economic and trade rules.
(4) The service management system is backward. At present, there are many defects in China's foreign service trade management system. For example, there are still some differences between the central and local governments in terms of foreign service trade policies and regulations. The problems of multi-head management, multiple policies and even mutual restraint in the service industry have not been completely solved. The statistics of service industry are not standardized, and some places do not conform to international practice in terms of industry division standards and service standards.
2. Technical barriers to trade have seriously hindered the export of China's commodities.
Technical Barriers to Trade (TBT) refers to some compulsory or voluntary technical measures taken by a country or regional organization on the grounds of maintaining its basic safety, safeguarding the life, health and safety of human beings, animals and plants, protecting the environment, preventing fraud and ensuring product quality.
(1) More than 60% of China's export enterprises have encountered foreign technical barriers to trade to varying degrees, and the amount of goods that encounter foreign technical barriers to trade exceeds 25% every year, which is about 45 billion to 50 billion US dollars.
(2) Expanding from production and circulation to production and processing, including not only goods and commodities, but also services such as finance and information, has become the biggest non-tariff barrier faced by foreign trade enterprises in China. Technical barriers to trade have seriously affected China's commodity exports, raised China's trade costs, triggered trade disputes, and caused uneven development of regional industries.
3. The increase of trade friction increases the risk of foreign trade.
In recent years, China's foreign trade has achieved rapid growth, and has made remarkable achievements in the process of transforming from a big trading country to a powerful trading country. However, the increasing trade friction has also hindered the development of China's foreign trade. China has been the country that suffered the most anti-dumping investigations in the world for 12 years in a row, and has been the country that suffered the most anti-dumping investigations for five years in a row.
(1) Before 2007 1 1 month, China suffered 62 trade frictions such as anti-dumping, countervailing, special safeguard and safeguard measures.
(2) More and more countries and regions have filed anti-dumping lawsuits against China's goods, especially since 1990s, many developing countries have joined the ranks of anti-dumping investigations against China.
(3) The product and industrial structure of trade friction are expanding. As long as they think that products that damage or will damage their poor competitiveness can be included in the scope of dumped products, they have expanded from raw materials and simple processing in the past to high-tech products now, covering almost most of China's exports, involving more than 4,000 kinds of goods. The US 30 1 Special Clause and 30 1 Super Clause have successively expanded the scope of protection from general commodities to labor, investment and intellectual property rights, and further expanded the scope of litigation.
(4) The amount involved and the anti-dumping tax rate are increasing. 1999, Venezuela decided to take temporary measures to impose 300% anti-dumping duties on shoes such as leather shoes, artificial leather shoes and cloth shoes from China. Peru 65438-0996 filed the highest anti-dumping duty on China shoes, reaching 903.92%. In February 2004, the Mexican Ministry of Economy decided to resume the anti-dumping duty of165%-10/05% on shoes and boots imported from China.
Trade friction has caused serious economic losses to China's exports, and also led to the extrusion of our products in the export market, which has adversely affected China's exports.
Second, China's foreign trade measures should be taken
1. Trade in services
(1) The state should establish a national service trade coordination management mechanism with close cooperation among various departments, interaction between the central and local governments, and close contact between the government and enterprises. At the same time, improve the service trade promotion system, give full play to the role of China Service Trade Association, and establish a service trade support network that communicates with domestic and foreign countries in time.
(2) Strengthen international exchanges and cooperation, and establish contacts and close cooperation with international organizations such as the World Trade Organization, the United Nations Conference on Trade and Development, the European Union and government organizations in various countries and regions.
(3) Actively adjust the service product structure and relax the market access of the service industry. China should actively participate in the structural adjustment of the world service industry, optimize the domestic industrial structure and promote the rapid development of China's service industry.
(4) Improve the laws and regulations related to trade in services and establish the legal system of trade in services. In order to ensure the normal and healthy development of service trade, we should strengthen the research on the relevant provisions and principles of CATT, GATS and WTO, and establish and improve laws and regulations that meet the national economic development goals and do not violate international legal norms as soon as possible according to the requirements of GATS. The principles of service market access, taxation, investment and preferential conditions of service trade should be stipulated in legal form, so as to increase the transparency of China's service trade and make it truly institutionalized and standardized. At the same time, we should make full use of the relevant exception clauses of GATS and formulate corresponding protection policies to protect the normal development of China's service trade.
2. Technical barriers to trade
(1) government. ① Establish an early warning mechanism to realize foreign trade protection. Relevant government departments should closely follow the situation of key exporting countries and regions, and keep the information highly sensitive, so as to know the trend of a trade barrier in time, and issue early warning information regularly or irregularly to remind relevant enterprises to make corresponding preparations in time. ② Formulate preferential measures to develop circular economy and support the development of "green" enterprises. The government should adopt preferential policies to support a number of green environmental protection enterprises that meet international standards, with advanced management and high technology content, and at the same time eliminate a number of enterprises with small scale, low grade, low management level and poor environmental awareness. ③ Implement standardization strategy and formulate national standards and technical regulations consistent with international standards. Formulating encouragement policies, unifying and perfecting China's technical standards, harmonizing national standards and industrial standards with international standards, introducing these international standards into China as needed, enabling production enterprises to arrange production on the basis of mastering international standards and making products meet the requirements of importing countries, which is of great help to expand export trade and accelerate the development of foreign trade. Relevant government departments should serve and help enterprises to explore other markets and avoid trade risks. Enterprises can also make local production and processing in consumer countries by means of labor export, technology export and overseas investment, and change "sales place" into "origin" to avoid trade barriers.
(2) enterprises. ① Enterprises should strengthen their awareness of standardization, adopt reasonable and applicable international standards, strictly implement standards, combine management standards such as ISO9000 and ISO 14000 with the actual situation of enterprises, create management methods suitable for them, ensure product quality and environmental protection from the system, and make enterprises in a favorable competitive position in the international market. Enterprises should attach importance to supporting and cultivating the export of goods with independent intellectual property rights and independent brands, and improve the added value of exported goods. Only by improving products and their inspection and testing capabilities can we fundamentally break through the current technical barriers to trade. (3) Enterprises should invest in R&D and produce advanced products that meet foreign technical standards, especially harsh requirements, and consciously enhance their awareness of environmental protection, and strive to make their products "green products" to prevent and avoid trade disputes. Once a trade dispute occurs, we should try our best to make foreign governments cancel their technical barriers to trade through government negotiations, so as to minimize the loss of enterprise interests.
3. Foreign trade friction.
(1) government. ① The China government makes full use of the WTO trade dispute settlement mechanism to strengthen foreign negotiations. The government should make full use of the provisions in the anti-dumping agreement of WTO, strictly investigate the anti-dumping measures and investigation procedures proposed by other countries against China, and raise objections. Through bilateral and multilateral negotiations, we will record the practice of responding to anti-dumping, further clarify relevant issues, argue with reason, and urge relevant countries to revise the criteria for identifying China's market economy system, and finally cancel discriminatory anti-dumping policies and measures against China. ② Establish and improve the anti-dumping response mechanism and improve the anti-dumping early warning mechanism network in China. Strengthening the standardization of export competition order, establishing a reasonable and effective export management mechanism, and establishing and implementing export systems for key industries and products are effective measures to reduce anti-dumping complaints against China.
(2) enterprises. ① Enterprises should adjust their strategies and implement international operations. ② Constantly optimize the structure of export commodities, increase investment in science and technology, constantly research and develop new products, improve the scientific and technological content of products, establish brand awareness, implement brand-name strategy, and realize the transformation from labor-intensive products to capital-technology-intensive products and the strategic transformation of winning by price. In the process of anti-dumping, enterprises should be familiar with international practices, respond to anti-dumping according to law, and change passivity into initiative.