People's Republic of China Foreign Trade Law: Interpretation of Provisions and International Rules

Author: Huang Dongli
Publisher:
Publish Date: 2004-04-01
Features: This revision has made significant adjustments to the original "Foreign Trade Law" in terms of legal subjects, scope of application, and specific legal norms. On one hand, this reflects China's new policy guidance for foreign trade; on the other hand, it aligns with the realities and development of China's foreign trade as well as the requirements of China's accession to the WTO. Based on these factors, the revision extensively referenced trade management rules from the WTO, the United States, the European Union, and other regions, aiming to formulate a new set of foreign trade norms that align with international rules and meet the needs of China's foreign trade realities and development.
After a law is passed by the legislative department, the most important thing is to accurately understand its provisions and apply them fully and correctly. The "Foreign Trade Law" is largely closely related to relevant international rules. Based on this, the interpretation of the newly revised "Foreign Trade Law" in this book follows the order of the provisions, starting from the legislative basis of each provision, reviewing the historical context of the legal rules and related economic theories, comparing relevant international rules and practices, particularly those of the WTO, the United States, and the European Union, and introducing China's current rules. It can be said that this is a work that interprets the revised "Foreign Trade Law" using a comparative research method, combining academic research value and practical guidance significance.
Although the "Foreign Trade Law" has relatively few provisions, it covers a wide and complex range of content. The authors of this book, with a rigorous academic approach, compare international rules and refer to relevant practices to interpret the provisions, ensuring the quality of the book. It is believed that readers will better understand the "Foreign Trade Law" and effectively apply its relevant rules through this book.
Since the implementation of China's "Foreign Trade Law" in 1994, China's foreign trade has developed rapidly, and the actual situation of foreign trade has undergone significant changes, with new developments in foreign trade concepts as well. Especially after China's accession to the WTO on December 11, 2002, to fulfill its commitments, further maintain foreign trade order, and revise the current "Foreign Trade Law," this "mini-constitutional" law in the field of foreign trade has become necessary.
On one hand, this book provides a precise and detailed interpretation of the revised "Foreign Trade Law" provision by provision, and on the other hand, it adopts a comparative law approach to comprehensively introduce international trade rules, including relevant WTO provisions and the interpretation and application of WTO rules by the Dispute Settlement Body and Appellate Body in practice, as well as the legal provisions and practices of major countries such as the United States and the European Union. This book will be beneficial to China's foreign trade authorities and enterprises in accurately understanding and applying the "Foreign Trade Law" within the WTO framework.
Special Focus: Xinhua News Agency, Beijing, April 6 – The eighth session of the Standing Committee of the 10th National People's Congress passed the revised "Foreign Trade Law" in a vote at 10 a.m. today. President Hu Jintao signed Order No. 15, promulgating the revised "Foreign Trade Law." This law will take effect on July 1, 2004.