北美自由贸易区竞争政策及法律的研究-法学理论专业论文.docxVIP

目 录 内容摘要································································································ 1 Abstract 1 引言 ········································································································ 1 第一章 北美自由贸易区的竞争政策及法律 所涉的基本概念及基本理论的分析 ··································2 第一节 北美自由贸易区竞争政策及法律的基本概念分析 ······················ 2 一、竞争的概念·································································································2 二、竞争政策的概念及其特点·········································································3 三、垄断与反垄断法的概念 ············································································4 四、NAFTA 第 15 章中对有关概念的界定 ····················································6 第二节 北美自由贸易区竞争政策及法律所涉的基本理论分析 ···················· 7 一、竞争政策与反垄断法关系·········································································7 二、有效竞争理论·····························································································8 第二章 北美自由贸易区竞争政策及法律的基本内容 ··················9 第一节 北美自由贸易区竞争政策及法律的法律规则构成 ····················· 9 一、NAFTA 第 1 章第 102 条 9 二、NAFTA 第 15 章 10 第二节 北美自由贸易区竞争政策及法律的基本内容 ····························· 10 一、北美自由贸易区竞争政策及法律的目的·················································10 二、对垄断和国有企业的限制性规定·····························································11 三、有关贸易与竞争工作组的规定·································································13 第三章 北美自由贸易区竞争政策及法律的特征分析 ··················15 第一节 北美自由贸易区竞争政策及法律的原则性特征分析 ···················· 16 一、北美自由贸易区竞争政策及法律的内容较抽象 ····································16 二、避免法律规则缺位现象产生 ····································································18 第二节 处理有关竞争争端方式的特殊性的分析 ········································ 20 一、缺乏解决有关竞争争端的争端解决机制·················································20 二、以其成员的竞争政策双边合作协议方式解决有关竞争争端 ·················21 第三节 北美自由贸易区竞争政策及法律的规则的特性分析·······················22 一、北美自由贸易区竞争政策及法律的规则结构简单 ·································22 二、北美自由贸易区竞争政策及法律的规则层次单一 ·····