贸易便利化协议法律问题研究国际法学专业论文.docxVIP

Abst Abst ract The impact of tariffs， market access and other trade barriers on the international trade has increasingly reduced． However， the potential “trade non—efficiency’’ played as a kind of “invisible” market access barriers are highly concerned by the international organizations， governments and traders． The complex customs procedures， redundant documentat ion requirements， and di sharmony between the execut iVe departments and other factors has brought many negatiVe effects on the international trade， which forced international society pay more attention to the trade facility． After nearly 18 years of tortuous negotiations，the TFA finally passed． According to the WT0 Director—General’ s forecast in 2014—2015 global trade annual report， once the TFA takes effect， the global exports would be raised as much as $ l trillion per year． Thus， it is of great significance to focus on the study of legal issues on TFA． Based on overview of TFA，researches on the legal issues can be divided into three parts：Firstly，on the subject of trade facilitation，multiple trade in goods regulat ions related to WTO agreements have been ⅡI 万方数据 inv01ved．Thus inv01ved．Thus the confl ict may occurred when it comes to which one to be applied first．WTO Agreement acts as the role of treaty． The rules of treaty confl icts and coordinat ion are appl icable to deal with the confl ict between TFA and other trade agreement． Through the analysis of the terms of conflict in TFA， the principle of negative conflict presumption， and lex specialis derogat 1egi general i， the confl ict could be solved．Secondly，covering the special and differential treatment provision in WTO agreement is a co眦on practice，and the existence is necessary and reasonable to some extent． The TFA inherits the tradition， at the same time， it has made many innovative provisions， such as the principle of ，，content co珂mitments and effective time should match with the implementat ion capabi l ity of the deVelo