Rational Strategies and Specific Methods for Resolving International Trade Disputes

With the deep development of world economic integration and trade liberalization, the economies of various countries are deeply intermingled with each other, which is both an opportunity and a challenge for the development of China’s economy.

China in the process of international trade exchanges, due to the differences in economic systems, commodity prices with differences and other issues, resulting in trade disputes between the two sides will produce the amount of problems, if you can not solve and deal with trade problems in a timely manner, will not only affect the normal development of China’s foreign trade, bringing great economic losses, but also affect the trade relations between the two countries, economic cooperation stops here.

Therefore, in-depth study of the international family trade dispute settlement measures, rational handling of all kinds of issues arising in international trade, is an important element in the development of China’s foreign trade must strengthen research and continuous practice test.

1, China’s international trade disputes facing the problem

1.1 International trade disputes interpretation.

As the country’s trade transactions involving a wide range of subjects, generally including countries and regions involved in international trade, private and state-owned enterprises, economic organizations and so on, so in determining whether the two sides of the trade problem for the international trade dispute, the need to consider from the industry involved, the scope, economic scale, trade volume and many other aspects.

International trade disputes usually occur in the field of international trade, the subjects involved are generally extraterritorial, and the measures taken to resolve them are diverse and complicated; the subjects of international trade disputes often make the country’s foreign trade, involving trade protection policies, as well as political intervention and other factors; the subject matter of the legal relationship of international trade disputes and the acts and facts of changing the law and eliminating the legal relationship are done in completed abroad; the current method of solving this problem, mainly divided into two cases of judicial methods and non-judicial methods.

1.2 Analysis of the current situation of international trade disputes faced by China.

In the ten years after joining the WTO, China has been subject to as many as six hundred international trade remedy investigations, especially anti-dumping investigations, countervailing investigations, safeguard measures, special protection measures, the four trade disputes as the representative; in 2010, the fifteen new trade protection policies, including as many as ten of the content is pointed to China, involving a very wide range of industries, on China’s the development of foreign trade enterprises has had a very serious hindering effect.

Capitalist countries, led by Europe and the United States, have deepened their economic and trade relations with China, and at the same time, they have also imposed trade restrictions and initiated trade disputes against the Chinese economy, and the results achieved by China in the WTO using the dispute settlement mechanism are very limited. In summary, China’s current position in the international trade environment is very embarrassing, both as a major country involved in international trade, but also one of the major economic powers subject to trade restrictions by various countries.

2, China’s specific approach to the analysis of international trade disputes and rational strategies

2.1 Maintain a good mentality of international trade participation, active and positive response to international trade friction.

Passive acceptance of international trade disputes will undoubtedly make China in the international trade is always in the “slow” situation, can not really deal with international trade disputes.

Therefore, China’s relevant departments, foreign trade enterprises, should take the initiative, from the prevention of international trade disputes, choose the right response measures, a comprehensive, scientific judgment will occur in the form of international trade friction, so that when the trade dispute really happens, can “in danger” to deal with the dispute, so as to achieve Good solution effect.

2.2 accelerate domestic economic reform, through the development of the internal economy to balance international trade.

The country’s economic development, must firmly implement the internal and external double increase, internal-oriented, external-supplementary economic development strategy, as foreign countries to China to implement international trade restrictions, the reason is to protect their economies from the impact of foreign economies, to avoid the problem of domestic economic recession due to foreign economic shocks.

Therefore, our country in the face of many international trade disputes, not only to take a reasonable solution to seek justice, but also pay more attention to the development of the national economy, only the economic hard power up, the occurrence of international trade disputes will be effectively reduced, the fallacy of the European and American countries on the Chinese economy will become a joke.

2.3 Rational use of WTO trade dispute settlement mechanism, improve trade laws and regulations.

China’s accession to the WTO has been more than ten years, in these years, China is facing international trade disputes, many times using the WYO trade dispute settlement mechanism, and a good solution to some of the dispute issues.

Therefore, China still has to further use the WTO trade dispute settlement mechanism in dealing with international trade disputes in the future and try to promote the further improvement of the mechanism.

In addition, China’s participation in international trade in the early days, due to the gaps in the laws and regulations in this area, resulting in China’s foreign trade is affected by a lot, but there is no way to rely on, so in the past ten years or so, the Chinese Communist government and economic management departments, economic policy research departments, national foreign trade departments, laws and regulations research departments and other joint efforts to improve international trade laws and regulations, from the legal point of view to effectively and efficiently protect national economic interests.

2.4 Adopt bilateral and multilateral settlement mechanisms to achieve a win-win situation in international trade.

Trade exchanges and economic disputes between China and the United States are very frequent, involving issues such as the exchange rate of RMB, intellectual property protection issues, etc. The country in the resolution of these international trade disputes, through political measures, the form of diplomatic negotiations, and the U.S. side on international trade issues to discuss and negotiate, to achieve a win-win situation between the two countries in trade.

In addition, China’s international trade cooperation is not only the United States, China has trade with many countries in the world, so in the establishment of international trade dispute settlement mechanism, to build a multilateral settlement mechanism, different international, different forms of trade solutions to choose, and efficient diplomatic negotiations, so as to better protect the development of China’s foreign trade.

3, China’s participation in international trade competition and the prevention and control of international trade disputes rational suggestions

3.1 Adhere to the domestic economic development as the center, and actively face international trade disputes.

China’s participation in international trade competition prerequisites, must be the domestic economic development as the center, can not lose sight of the other, to become a strong economy, as General Secretary Xi Jinping said “iron needs its own hard”, the development of China’s foreign economy, must be built on the basis of continuous development of the domestic economy.

At the same time, when China encounters international trade disputes, should proactively seek solutions for those countries that are unreasonable and deliberately create international trade disputes, should actively through legal means and trade settlement mechanism to protect the development of their trade economy, so that the other side of the international trade restrictions exerted by the means to become an empty talk and set up.

3.2 Increase the training of international trade dispute research talents.

Talent base is to ensure that China’s international trade dispute settlement efficiency to continuously improve the important foundation, from China’s current research personnel engaged in international trade disputes, mostly economists, the number of very scarce.

Therefore, in order to make the study of international trade dispute settlement more widely carried out, it is necessary for him to increase the training of relevant research talents, through the strong support of the state in terms of funds and resources, increase the opportunities and times of practice of talents, improve the professional ability of teachers who train talents, etc., to promote China’s professional talents with international trade dispute settlement ideas to participate in the study of international trade disputes, to achieve the The enrichment of the relevant solutions, the reasonable improvement of the relevant settlement mechanism.

3.3 Establish an early warning mechanism and emergency response team for international trade disputes.

“Prevention is better than cure” is an old Chinese saying, for China’s international trade dispute settlement work, should also make prior judgment and early warning of the occurrence of trade disputes, so as to effectively reduce the adverse impact of international trade disputes. Therefore, the state foreign trade and economic departments, as well as foreign trade enterprises, can establish an early warning mechanism for international trade disputes, timely detection of international trade disputes to occur, quickly and effectively find ways to deal with the other side of the trade restrictions do not play a role.

In addition, an emergency response team should be set up to supervise and manage the whole process of international trade dispute resolution, pointing out the inappropriate solutions used in dispute resolution, so as to ensure that the international trade dispute resolution work is carried out efficiently.

4. Summary

As one of the major economic countries participating in international trade, China is facing trade sanctions and trade restrictions from various countries while developing foreign trade, and trade frictions and trade disputes between the two sides are constantly.

In the face of this problem, our government and related enterprises should strengthen their own economic construction, improve the international trade dispute settlement mechanism and legal and regulatory safeguards, by increasing the training of international trade dispute research personnel, the establishment of international trade dispute early warning mechanism and emergency response team, etc., to comprehensively improve the efficiency of China’s handling of international trade disputes.