华南师范大学任务计划.doc

10月19——10月28报考证券从业资格考试 ICSID与WTO争端解决机制比较研究 WTO宪政建设对争端解决机制的影响 WTO补贴与反补贴法律下的中国实践困惑及应对策略 LENGTH: 9254 wordsComment: Cartel Price Controls vs. Free Trade: A Study of Proposals to Challenge OPECs Influence in the Oil Market Through WTO Dispute Settlement评论：垄断价格vs.自由贸易：一项关于通过世贸组织争端解决机制改变石油输出国组织对国际石油贸易影响建议的研究NAME: Tim Carey*SUMMARY:... While OPECs policies likely violate the GATT Article XI prohibition on quantitative export restrictions, there is ample precedent for finding them permissible under the GATT Article XX(g) General Exception for measures affecting exhaustible natural resources, such as oil. ... Part I of this Comment describes the OPEC practices that form the basis of opponents complaints, including OPEC member countries efforts to influence the world oil market and help oil producers achieve certain rates of return, as well as the General Agreement on Tariffs and Trade (GATT) provisions under which such conduct is called into question. ... OPEC: Its Founding, Goals and Methods OPEC was created in 1960 by representatives of five of the worlds leading oil producing nations at a conference in Baghdad. ... OPECs Practices Violate GATT Article XI The primary question in a challenge to OPECs policies at the WTO is whether OPECs activities are prohibitions or restrictions on exports barred under Article XI. ... The Lautenberg Report finds without elaboration that because OPEC member countries have never cited conservation as a motivating factor in their decisions, the exception is not available to them. ... Those concerned with rising energy prices and who seek to liberalize the energy trade are better served by bringing OPEC member countries into greater harmony with the GATT/WTO framework, not driving them away. ... The United States Should Not Pursue WTO Dispute Settlement Against OPEC WTO dispute resolution against OPEC is not a legitimate solution for escalating energy prices because there is a substantial likelihood such a challenge would fail due to A