英文摘要 |
With the coming of 2016 (the time when“The Terminating Clause” of Article 15 in China’s Accession Protocol will take into effect), the special rules in anti-dumping and countervailing investigation, especially‘ the surrogate country’ method will lose their legal base in accession protocol. And there is no acknowledged WTO rule which can justify this discriminatory method. Accordingly ,WTO members should thoroughly abandon “Market Economic Status” (MES) clause, and make fair anti-dumping or countervailing investigation against Chinese enterprises strictly abiding by Anti-dumping Agreement and Agreement on Subsides and Countervailing Measures. After 2016, on the issue of China’s MES, U. S and EU will not surrender their benefits, some obscure space existing in Anti-dumping Agreement and Agreement on Subsides and Countervailing Measures may be used by them to justify their discriminatory method. To cope with this situation, China should research and utilize international law, WTO rules and WTO judicial practices to defend its proper and legitimate benefits. |