What Is Direct Market Access?

The so-called market access refers to the degree to which a country allows foreign goods, services, and capital to participate in the domestic market. Article 16 of the General Agreement on Trade in Services stipulates that a member shall treat the services and service providers of other members not less than the period, restrictions and conditions determined in the schedule of commitment obligations.

admission to market

The so-called market access refers to the degree to which a country allows foreign goods, services, and capital to participate in the domestic market. "

If a member agrees,

A series of WTO agreements or agreements require members to implement gradually

The uniqueness of the service determines

But according to "

In order to maintain public morality or public order, to protect the life and health of humans, animals, or plants, for national security, personal privacy, etc., the number can be limited without discrimination.

1. Join in the future

due to

Protecting the environment is the need for human survival and development, and it is also an important manifestation of the economic sovereignty of various countries. Within the framework of the WTO, how to minimize the impact of environmental protection measures on the free trade system and achieve a balance between the right of importing countries to protect the environment and the right of market access of exporting countries' products is an issue this article attempts to analyze. Central proposition. This article is divided into five chapters. The first chapter examines the relationship between environment and trade. On the one hand, the environmental protection measures of various countries have adversely affected the market access of foreign products, especially products from developing countries, which has led to the debate on green barriers. From the motivation of importing countries to implement green barriers, the nature of green barriers can be divided into legitimate and improper. On the other hand, free trade will also have a negative impact on environmental protection in the case of misregistration of policies by governments and international levels. This chapter points out that poverty is the root cause of environmental problems in developing countries. Environment and trade can be coordinated under the strategic framework of sustainable development.

To this end, it is necessary to ensure market access for products from developing countries in order to achieve sustainable economic and social development in developing countries. Within the WTO framework, emphasizing and upholding the principles of non-discrimination, the principle of minimizing trade restrictions, the principle of transparency, and the principle of special and differential treatment for developing countries will help reduce the negative impact of environmental measures on free trade. Chapter II explores the legal issues applicable to Article 20, paragraphs b and g, of GATT 1994. According to the two paragraphs, WTO members enjoy "environmental protection exception rights" and are free to take measures to protect the environment and even take some measures to restrict market access for related products. On the one hand, this "environmental protection exception" is an important manifestation of the economic sovereignty of the member countries; on the other hand, the GATT / WTO dispute settlement agency has set strict rules for members to exercise this "environmental protection exception" limits. It is by no means easy for the respondent's controversial measures to be reviewed at various levels through Article 20 b and / or g and the introduction. This chapter also states that the circumstances in which Article 20, paragraphs b and g have been recognized as having extraterritorial validity, have been limited to personal jurisdiction. The third chapter of the WTO's study on legal issues related to market access to environmental measures analyzes product processing and production method (PPMS) standards.

The GATT / WTO dispute settlement agency does not support the use of PPMs as a standard for identifying "similar products". However, considering that the PPMs of the products may adversely affect the environment of the producing country and even the global environment, the application of Article 20 b or g of GATT1994 to make the PPMs standard-based trade restriction measures obtain legality is two different All inclusive. The reasons are: first, there are strict applicable conditions outside the 20th regulation, which can prevent the importing country from abusing the Ms standard to restrict free trade; second, the dispute settlement agency encourages the implementation of restrictive measures on a bilateral or multilateral basis, which can control the use of PPMS standards Negative effects of basic unilateral measures. This chapter also states that PPMs standards that are not related to product performance are not covered by the Technical Barriers to Trade Agreement (TBT Agreement). Chapter 4 deals with the legal issues of eco-labeling. Ecolabelling schemes in various countries may become barriers to market access for foreign products, especially from developing countries. This chapter focuses on legal arrangements to avoid making eco-labels a barrier to trade, including non-discrimination requirements in the TBT Agreement, restrictions on unnecessary obstacles to international trade, and international coordination and transparency requirements.

In addition, this chapter also analyzes the dispute over the mandatory labeling of genetically modified products between the United States, Europe and the United States and China. It is pointed out that the mandatory labeling of genetically modified products is a right of consumers to know and choose because of the unknown risks to human health The protection of rights also conforms to the relevant provisions of the TBT Agreement. The fifth chapter studies the problem of environmental tax. The theoretical basis of environmental taxes is the internalization of external diseconomy, which has become an important economic means for the developed countries to protect the environment. O allows members to make border tax adjustments on imported products to mitigate the negative impact of environmental taxes on competitiveness. As a means of domestic taxation, the adjustment of border taxation must also comply with the national treatment requirements of the WTO on domestic taxes, especially when providing differentiated taxation arrangements for imported and domestic products. Out of the need to use the rights granted by the WTO for border tax adjustments, etc., it is also necessary for China to carry out a "green" reform of the tax system.

ERP sandbox simulation FCC certification

OFEX QS certification

Regulations of the People's Republic of China on Foreign Exchange Management

Foreign Trade Law of the People's Republic of China

Law of the People's Republic of China on Administrative Licensing

Agricultural Agreement

Agreement on the Implementation of Animal and Plant Sanitary Quarantine Measures

General Agreement on Trade in Services