英文摘要 |
With the frequent application of 337 investigation by the U. S. to implement trade protection, it is necessary for China to re-examine its international legitimacy, and challenge it on an appropriate basis. However, when GATT morphed into WTO, the legitimacy standard of the 337 investigation is declining; the modification of 337 investigation rules also increases the difficulties in challenging it under the WTO framework. Because TRIPS provisions are too simple and abstract, we should selectively analyze the specific rules of 337 clauses which are not consistent with TRIPS, and try to consult and challenge the application of 337 investigations in individual cases. The Chinese government should establish dynamic monitoring and early warning mechanism of 337 investigation and build up an emergency litigation and consultation team. |