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論技術性貿易障礙協定下之不歧視原則
Thesis

論技術性貿易障礙協定下之不歧視原則

黎家秀
Masters, 國立清華大學, 科技法律研究所
2013

Abstract

技術性貿易障礙協定 不歧視原則 最惠國待遇 國民待遇 爭端解決機制 The Agreement on Technical Barriers to Trade The Principle of Non-Discrimination Most-Favoured-Nation Treatment National Treatment Dispute Settlement Body
The principle of non-discrimination as one of the most important international trade principles, is enriched by the dispute settlement body of World Trade Organization. However, drawing the line clearly between whether there is a discrimination isn’t easy. In addition, there are provisions regarding Most-Favoured-Nation Treatment and National Treatment under the Agreement on Technical Barriers to Trade as well. Thus, how to evaluate the relationship between the TBT and GATT is not indisputable. Firstly, this paper introduces TBT, its aims and the basic principles; then observes the current practice of TBT, multilateral agreements and bilateral agreements. This paper tries to build an analysis of the intersection between theory and practical approach. At last, it focuses on TBT article 2.1 by case studies, observes the subject matters, the standard of examination, and the development. It seems that the application of TBT is expanding via US – Clove Cigarettes, US – Tuna II (Mexico) and US – COOL. However, this year the AB report of EC – Seal Products seems to limit the scope in certain extent. The response of members and the development of the international trade will be further researched in the future.

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