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On the MFN clause under the background of economic globalization

Author: LiuZuoZuo From: www.yourpaper.net Posted: 2010-05-31 06:08:34 Read:
Keywords     ; economic globalization; MFN tariffs to protect the interests of

Abstract in the era of economic globalization, most-favored-nation treatment clause is very popular in international investment agreements.With the economic globalization prevails, GSP and the world trade organization have been produced.Most-favored-nation treatment clause, overcome their own shortcomings, abide by a series of principles in practice.However, in order to adapt to the new requirements brought by economic globalization, most-favored-nation treatment must make further improvement on the original basis, in order to meet the challenge of economic globalization, promote the global economy towards the rapid and healthy development.Therefore, since 1985 "economic globalization" has been put forward, most-favored-nation treatment clause in the promotion of economic globalization is increasingly perfect, become the new rules influence and lead the world economy.
In recent years, economic globalization has gradually become the mainstream of the world economy, influence of most-favored-nation treatment clause in international trade and tariff is increasingly obvious.Most-favoured-nation treatment after the evolution and development of several centuries, gradually perfected, providing an effective guarantee for countries to protect national interests, regional interests; at the same time, can also regulate the world economic order.Especially in the background of economic globalization, most-favored-nation treatment clause consistent between developed countries, between developed and developing countries trade demand, maintain the trade's benefit, to cater to the actual development of the global economy and international trade.
a, economic globalization and the MFN clause
1, the trend of economic globalization
"Economic globalization", was first proposed by T - levy in 1985; however, there is not a universally accepted definition.Understand from general economic sense, economic globalization refers to the factors of production across borders, the free flow in the global scope, the historical process of interaction of the various countries and regions.Its essence is the market economy in the world, also because of the organic combination of production factors and the market mechanism in the global scope, the economic globalization has become inevitable, the economic globalization has strong vitality.Because the main body of economic globalization are individuals rather than the state, and the intersubjective competitiveness and unbalanced.Therefore, the economic globalization will lead to between countries in the distribution of wealth inequality.Despite this drawback, economic links between countries is increasingly close, interdependence, mutual penetration of the deepening.This is in general reflects the necessity of economic globalization.
(1) from the Marx economics perspective, the generation of economic globalization, is the inevitable result conform to the factors of production capital -- the pursuit of maximum instinct of surplus value."With the development of capitalist productivity, a small domestic market can not meet the need of capitalist productivity, rapidly expanding so, capital hand......To win the earth as a market, on the other hand, it aims to reduce the goods to a place to another time to a minimum.With the development of capital......It is in order to expand more market space, and strive to more to destroy the space with time."[1]
(2) from the international perspective, globalization has been a strong push further, the reasons are as follows: Multi-National Corporation rapid development, become the main carrier of economic globalization, which greatly promoted the international portfolio, international trade production prosperity prosperous, fast increase of international investment, resulting in the emergence of the two-way flow of North and south money, become a bridge north-south cooperation.[2] make a spurt of progress of science and technology, especially the rapid development of information technology, providing a strong impetus for economic globalization, economic operation provides a convenient way to transfer data analysis tool, has accelerated the economic information diffusion in the global scope, the progress of information technology has become a powerful support for the economic globalization.The market economy system as one of the most effective means of resource allocation is accepted by all the countries, this to remove the institutional barriers to economic globalization.The above phenomenon, that the economic globalization has entered a new stage of development, and has become the mainstream of the world economy.
2, the origin of MFN clause
The most-favoured-nation treatment is always the central pillar of trade policy.Generally, most-favored-nation treatment clause "most-favored-nation" a word the germination can be traced back to eleventh Century.In twelfth Century, Venice also has to the Byzantine emperor asked concession again, make the city businessman with Genoa, Pisa merchant equal competitive position.In fifteenth Century, "most favored nation" began to appear and gradually popular provisions of bilateral treaties.However, most of them belong to the powers forced the weak unilaterally given.With modern meaning "most-favored-nation" originated in Europe in the seventeenth Century.In eighteenth Century, the scale of international trade expanded, leads to the separation of political treaties and trade treaties, and so began to appear some to give each other "most-favored-nation" approach.In nineteenth Century, the treaty in European countries; however, all traffic "conditional" most-favored-nation treatment mode.[3] until 1978, MFN is formally defined as: goods giving beneficiary country or with the benefit of state-owned to determine or the relationship between discount, no less than the goods to third countries or the third someone or something equally between preferential.[4] and a country according to an agreed to another country's commitment to MFN treatment in terms of relationships within the scope of, is the most-favored-nation clause.Among them, "good country" is to give the most-favored nation, "beneficiary country" is to give MFN countries, "the Three Kingdoms" refers to China or any country other than the country of beneficiary.
Effect of two, the economic globalization of most-favored-nation treatment clause
1, economic globalization has accelerated the GSP generation
GSP called the generalized system of preferences, refers to the developed countries pledged to input from developing countries or regions of the commodity, especially manufactured goods and semi - manufactured goods, give a universal, non-discriminatory and non - tariff preferential benefit, is only developed countries give China a preferential treatment in order to reduce import tariffs on goods.GSP is only applicable to: relationship between developed and developing countries, does not involve a third party; it is the only developed countries to give a special preferential treatment to developing countries and its natural and legal persons, not "reverse preference".
The main principles of GSP is a universal, non-discriminatory, non-reciprocal.Generally, refers to give preferential treatment to the universal exported to developed countries to developing countries or regions of the manufactured goods and semi - manufactured goods.The so-called non-discriminatory, means that all developing countries or regions are not subject to discrimination, without exception, enjoy GSP treatment.The so-called non-reciprocal, refers to the developed countries should be given preferential tariffs unilaterally developing countries or regions, and does not require developing countries or regions to provide reverse preference.In accordance with the GSP principles, all developed countries to developing countries from all the goods, on the basis of MFN, for reduction or exemption of import duties on again.GSP beneficiary countries to not make any reduction of tariffs on goods in return.[6]
GSP is a product of the new international economic order, in modern international trade, there is such a situation, the developed countries and the developing countries in the course of trade, there is a formal equality MFN clause even if the treaty, but in the use of the process will produce substantial inequality results.In order to overcome the surface equality and substantive inequality, narrow the North-South gap, promote the common progress and prosperity of human society, the developing countries have made unremitting struggle.In 1968 the United Nations Conference on Trade and development through the resolution, that developing countries export manufactured goods and semi-finished products to the developed countries, the developed countries should give them preferential tariff.By 1974 the twenty-ninth session of the United Nations General Assembly of the "charter" and the duty of economic rights countries nineteenth further stipulates that: "in order to speed up the economic growth of developing countries, the economic gap between developed countries and developing countries to bridge the sake, field developed country in international economic cooperation should be given to developing countries preferential, non-reciprocal and non-discriminatory treatment."
At present, the GSP is only the implementation phase in the choice by the developed countries.Due to lack of uniform rules, the implementation of GSP so, every developed country or units have established their own GSP scheme, granted GSP treatment on which countries and which items to determine.In order to make the generalized system of preferences given preferential to originating in the beneficiary country goods, enjoy GSP treatment products
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