北京大学法学研究

出版时间：2012-1  出版社：郭雳 北京大学出版社 (2012-01出版)  作者：郭雳 编  页数：261  
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书籍目录

ArticlesLehman's Spill-over Effects :Cooperation v. Regulatory Arbitrage?Expired Peace Clause: Claims under WTO'sAgreement on Subsidies & Countervailing Measures and Agreement on AgricultureProblems in Following E.U. Competition Law:A Case Study of Coca-Cola/HuiyuanThe Assignment of Receivables under the Chinese Contract Law and Some SuggestionsProhibition of Financial Assistance under International Perspectives: A Possible Model for Chinese Company LawSymposium on Intellectual Property LawFor Fairness, Reasonableness, and Non-Discrimination:Necessity to Limit Patent Rights Incorporated into StandardsJustification of the Criminal and Administrative Enforcement of Intellectual Property Rights in China:Historical Contexts and Contemporary ScenesThe Legal and Economic Analysis on the Cross-Class Protection of Well-Known MarksEmpirical StudyA Statistical Analysis on Administrative Sanctions against Securities Violations in China (2007-2009)

章节摘录

版权页：插图：Learned trom decades of GATT experience, the AOA is widelyconceived as a great achievement in the history of international trade inagriculture for bringing agriculture into the multilateral trade regime forthe first time and for laying the foundation for further trade liberalizationin agriculture. However, the AOA only provides a framework for disciplines on agricultural subsidies. Fundamental reform is needed to establish "a fair and market-oriented agricultural trading system. Theongoing Doha negotiations, although quite hard, are now shaping thefuture disciplines on agricultural subsidies and Members' national agricultural policies.On the basis of the above examination, one might find that compared with the original text of GATT 1947, the gap between agriculturalsubsidies disciplines and general disciplines on subsidies has been widening, but not shrinking over the past 60 years. In addition to new general disciplines, as provided in the SCM and GATT 1994, the AOA wasnegotiated to specially cater to the needs and concerns of developedmembers on agriculture. However, the breadth of the gap, to some extent, depends on how to deal with the relationship among the AOA,SCM and GATT 1994. In terms of the Peace Clause （Article 13 of theAOA）, agricultural subsidies that fully conform to the AOA were exempted from most actions based on the SCM and GATT 1994 for thewhole implementation period. The Peace Clause expired at the end of 2003. The next critical issue could be: what are the WTO rules applicable to agricultural subsidies, and to what extent should agricultural subsidies enjoy a status derogating from general WTO rules?

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