巴斯大学 (University of Bath)贸易类英语dissertation：国际贸易中两保一反政策的分析International trade ＂two against one Paul＂ abuse and

First " two against one Paul " abuse
一、“两反一保”的滥用

1 anti-dumping, countervailing abuse . Anti-dumping, countervailing measures could have been dumping and subsidies such acts of unfair competition remedies. Since dumping and subsidies non- fair trade practices , people from the anti -dumping, countervailing justice to look at a variety of anti-dumping and countervailing actions , while ignoring the anti-dumping, countervailing motives behind the exploration , over time, has led to a some countries, enterprises or government for an improper motive , anti-dumping , anti-subsidy in the name of the abuse of anti-dumping and countervailing measures , which actually had to make this a legitimate remedy to become a tool of trade protectionism , as these national implementation of trade protectionism as an important non-tariff barriers .
1.反倾销、反补贴的滥用。反倾销、反补贴处理办法压根儿是对倾销和补贴这种不正当竞争行径的弥补处理办法。因为倾销和补贴曲直公平商业活动行径，许多人老是从反倾销、反补贴的正义性来对待各种反倾销、反补贴行径，而疏忽了对反倾销、反补贴身后的动因的探索追究.

Non-tariff measures to tariff measures different from one of the features is the hidden nature of non-tariff barriers and discriminatory . This feature in the abuse of anti -dumping, countervailing issues was particularly prominent . Many non-tariff measures are implemented in accordance with its domestic laws and regulations , for the anti-dumping, countervailing improper use even more so, those anti-dumping and countervailing measures, relevant institutions, always justifiably say they do have their domestic legal basis , resulting in such improper acts, so that the rising level of abuse . United States, " 2000 Continued Dumping and Subsidy Offset Act ," applies to all 1 October 2000 made ​​after the anti -dumping duties and countervailing duties levied . Under the Act, the Commissioner of Customs should ensure that all from the previous financial year of tax funds ( including interest ) allocated to the affected manufacturers , as long as the manufacturer can prove that it has the qualifications and expect to get this assignment. The provisions of this bill , not only allows those uncompetitive industries have been protected , and can make them get extra benefits , which greatly stimulated some companies filed anti -dumping, anti-subsidy proceedings enthusiasm, led to anti-dumping, anti- subsidies abuse .
非关税壁垒处理办法差别于关税壁垒处理办法的独特的地方之一，就曲直关税壁垒的荫蔽性与不平等看待性。这一独特的地方在滥用反倾销、反补问题上表达得尤为冒尖。很多非关税壁垒处理办法的实行都有其国内法律法令规则的根据，对于反倾销，反补贴的不正当运用更是这么，那一些实行反倾销、反补贴处理办法的相关机构，老是名正言随地称他们那样子做有其国内法律的根据，以致这种不正当行径合法化，因此使滥用的程度愈来愈高。

Currently, the UK is the world's most complaints by anti -dumping countries , litigation is not only developed countries , as well as the development of many British countries, some countries did not dumping practices in the UK case , some of them based on the so-called economic theory extrapolation , pre-emptive , the United Kingdom of certain commodities included in the list of anti-dumping , once the UK these commodities into their customs , these goods on to impose anti- dumping duties. Recently , the World Bank published a study on the writings of the British economy and the U.S. noted the EU 's exports to the UK "overlapping " anti-dumping cases . Large number of such cases , which accounted for U.S. and EU exports to the UK anti-dumping complaints of 75% and 68%. These anti-dumping complaints are usually within a year, the EU and the U.S. are each independently put forward. In addition to three cases of exceptions , all of the remaining anti- dumping allegations have led to some form of anti- dumping measures .

2safeguard measures abuse . In 1947 , " the General Agreement on Tariffs and Trade " on page 19 " for certain products imported emergency measures" that safeguard measures , means that if due to unforeseen developments and tariff concessions on products listed in the table given concessions , so that a large increase in imports on the domestic producers of the type of products posing a serious threat against any party government is free to withdraw concessions in whole or in part , or there is a world of its revised to avoid infringement of the right extent and period. " This provision makes the GATT trade rules with strict , while , yet flexible , with two-way adjustment , therefore, this provision has also been regarded as the world trading system as a " safety valve . "

As of May 26, 2006 , WTO Dispute Settlement Body concerning the admissibility of provisional safeguard measures and safeguards cases ( 36 ) accounted for all of the agency to receive 10.5% of dispute cases . Among them, the case involving the United States a total of 20 ; while the U.S. is being prosecutor 's case 18 , 16 have been closed , the U.S. lost all three : either the United States contrary to the agreements , the abuse of safeguard measures , or U.S. indefensible .

Second, the "two against one Paul " abuse of reason

1 An abuse of anti-dumping effect. ( A ) the anti-dumping enterprises to be more strict protection , while being anti-dumping businesses severely compromised. When a product is subject to anti-dumping tax , the exports will be seriously affected , thereby affecting the development of the industry of the product , the final impact on employment status. Those anti-dumping relevant national enterprise, because the reduction of imports of the product , companies have been alleviated or even eliminate the impact of the development of enterprises are effectively protected. ( 2 ) on the export of Chinese enterprises have the effect of obstruction and intimidation . Practice shows that in many cases , only the anti-dumping complaint filed import activities can be effectively prevented , and sometimes , even issued to the threat of anti-dumping blocking and intimidation to achieve a certain effect. For example, in the United States on steel anti-dumping few months, the U.S. market for hot-rolled steel imports fell by 65%. ( 3 ) the importing country's domestic enterprises to obtain additional benefits . Anti-dumping laws in some countries with strong partiality . Implementation of these laws will bring additional benefits complaining party . Since anti- dumping exporter enterprises obstacles and intimidating , when anti-dumping country a commodity anti-dumping , the merchandise imports declined , the anti-dumping countries such commodity prices on the sharp rise in domestic the product of similar enterprises obtain additional benefits. Even though she lost the lawsuit , the enterprise received additional benefits far outweigh the costs of litigation . This is the benefit of playing the anti-dumping lawsuit .

2 abuse countervailing reasons . ( A ) Countervailing Agreement rules flaw is one of the reasons countervailing abuse . WTO 's " Agreement on Subsidies and Countervailing " there are still many shortcomings, such as the world's most important agricultural export products , but is still separated from the outside of the Agreement ; agreement for the " prohibition was posted ," " actionable subsidies " and " non-actionable subsidies " definition has yet to be further improved, so on and so some of the concepts needed to identify and consummate . Therefore , some countries took advantage of these definitions imperfection and abuse of http://www.ukthesis.org/yylw/ countervailing measures to achieve its protectionist purposes . ( 2 ) on export enterprises and importers threatening second reason is abuse . In the countervailing prosecution and investigation process , foreign exporters and domestic importers will feel a lot of pressure . Some foreign companies will automatically increase their export prices or reduce its exports to escape punishment countervailing duties ; domestic importers will also countervailing duty import prices caused by the high prohibitive . So just played the effects of trade protection .

3 misuse " safeguard measures " reasons. ( A ) to protect domestic uncompetitive "sunset industry ." With the continuous adjustment of the domestic industrial structure , some developed countries once glorious moment of industries, such as steel , textiles, clothing and other industries , there is no exit from the economic sphere , in developed countries, these industries have become so-called "sunset industry ." And it is precisely these industries developing countries have a comparative advantage in the British industry , with strong competitiveness. When the development of the British state has a strong competitive edge in these industries affect the living conditions of the industry in developed countries , the developed countries, regardless of whether compliance with the relevant regulations , often citing " safeguard clause ." Threatened to implement , or arbitrary unilateral decision to implement " parting safeguard measures" to protect them uncompetitive "sunset industry ." ( 2 ) " safeguard measures" implemented more easily . The implementation of anti-dumping and countervailing should be carried out on a number of complex investigations and calculations , and the implementation of " safeguards " you do not need these complex procedures, only to carry out investigations and serious damage or threat of serious injury determination . ( 3 ) " safeguard measures" to investigate the impact is far greater than the impact of anti-dumping investigations . Anti-dumping is for a product of individual WTO members , and safeguard measures is a product for all foreign imports. Typically, a safeguard investigation cases involving members are often 5 to 10 . It can be seen that the effect is much larger than the other non-tariff protectionism .

Third, to deal with " two against one Paul " strategy

1actively External mediation. Some developing countries to join the British regional economic integration organization or the WTO, rapid economic development , there will be rapid export growth momentum . Some members put this rapid growth as a serious threat to its economy , the frequent use of " safeguard measures" on the cusp of economic development, the development of England during the country is extremely unfavorable. Therefore, the export of local government should consult with the countries to resolve trade friction may arise . As the national legislation of some countries with strong anti-dumping partiality , implementation of these laws will bring additional benefits complaining party so that enterprises in these countries on anti-dumping bored , and actively initiate anti-dumping . Practice has proved that , when the prosecuting State Government during this period anti-dumping complaint with the national and regional governments in active consultations and negotiations, many of the anti-dumping complaint last withdrawal. In response to countervailing Government's mediation can cancel each other countervailing action : either there is no longer considered the importer government subsidies, or that the amount of subsidy is very small , not enough to start the countervailing procedures ; Or is an agreement between the two governments , the exporter makes "price promise" , the importer is canceled countervailing action . Thus, when confronted with "two against one Paul ", the first action should be to export the local government 's foreign mediation.

2 recourse to the WTO dispute settlement mechanism . If the complainant State and be sued in the country are members of the WTO , when the prosecuting State considers that the complainant country Abuse "two against one Paul " , may refer the dispute to the WTO trade dispute settlement mechanism has requested the agency solve the problem. Since the WTO trade dispute settlement mechanism of the notary is increasingly being recognized by members of the WTO , more and more trade frictions are resorting to the agency , and got satisfactory results.

3 . Participation in the WTO policy . Current WTO anti-dumping , countervailing and safeguard measures agreement or rules there are many flaws and loopholes, precisely because of these imperfections, so that the " two against one Paul " has become an excuse for trade protectionism , resulting in a number of countries or region of the " two anti a guarantee" of abuse . Victim should remain actively involved in the World "organized by two anti- one insurance" provisions revised , so that the terms are more reasonable , more rigorously defined , the implementation of more stringent requirements for abuse "two against one Paul " in order to achieve its implementation protectionist behavior should provide appropriate restraint or punishment , so as to make the anti-dumping , countervailing truly unfair trade practices on a remedy , so that the " safeguard measures" to truly become a world trading system "safety valve " rather than instrument of trade protectionism .

4 exporter industry macro. When exporting country foreign faster economic growth , the trade association for the industry to pay attention to macro-control exports , overall planning , to avoid a large number of companies competing within the industry into foreign markets , resulting in a foreign business or government panic , so start the " two anti- a guarantee " on the export of related products to re-establish the country 's high trade barriers. Industry associations should be effective coordination between enterprises , in order to make exports reached a steady and orderly growth. Meanwhile , enterprises should also export growth rate has a correct understanding of the overall situation and long-term interests , strict self-discipline, and actively cooperate with industry associations coordination.