The Fair Trade Regulation of the European Community after the Uruguay Round- Council Regulation No.3286/94

• Main Authors: Pan, Chien-chang, 潘建彰
• Other Authors: Li-jiuan Chen-Rabich
• Format: Others
• Language: zh-TW
• Published: 1997
• Online Access: http://ndltd.ncl.edu.tw/handle/63003001752256276980

碩士 === 淡江大學 === 歐洲研究所 === 85 === The EC amended the New Commercial Policy Instrumant(Reg. No.2641/84) by legislating new regulation to implement obligations of WTO agreement after the GATT Uruguay Round. This new regulation is the Council Regulation No.3286/94(hereinafter Reg.3286/94) discussed in this dissertation. In addition import relief and more effective export relief function, Reg.3286/94 also has the objective of market-opening strategy and may maintain normal competition on the market of a third country to wipe out barriers of market access. When considering "obstale to trade" of a third country and its impact to the Community industry or enterprise, Reg.3286/94 sets up a universal standard that is in accordance with the international trade rules, Even under international obligations, the EC can deliver its trade dispute with the third country to the international dispute settlement procedure concerned by enforcing Reg.3286/94 procedure to deal with such conflict. Therefore, Reg.3286/94 provides the individual, Community industry and Community enterprise, according to the international rules, an access to the international procedures claiming for relief indirectly. The EC shall not take unilateral retaliative measures against the third country; however, it shall obey the international rules and the results of international procedure within multilateral trade system. Furthermore, Reg.3286/94 is applied not only to traditional trade in goods but also to newly-developed trade in services, especially in cross-frontier supplies not involving any movement of persons.The above-mentioneddescriptions show a special feature of Reg.3286/94 and its difference with a state's trade law. These descriptions reveal that the EC's endeavour to perform international rules and obligations and its attitude adjusting various interests between the Community and the third countries coexist with futher economic integration for promoting the EC business competitiveness as well. Consequently, it is optimistical for this thesis that if Reg.3286/94 can be properly enacted by the EC, the multilateral trade system will continue to evolve into a legalism that secure the international trade rules.