WTO体制下における国内産業保護政策に対する国際的法規制

点击翻译按钮获取中文摘要

Six years has passed since the WTO was established, and Members accumulate practices under the WTO Agreements. The Seattle Ministerial Meeting of the WTO has suspended without declaring inauguration of the New Round of trade negotiations, it means the Meeting ended in failure. It is said that the reasons of this failure were disagreement between members on agenda and skepticism of developing countries.The object of this study is to consider the principles of liberal trade under the WTO system through import restriction measures for protection of domestic industries. The study group consists of not only scholars of international economic law, but also scholars of international law in order to approach the matter in broader perspective. The results of this research are summarized as follows.1) Since 19^<th> century when the free trade principles begun to be applied in practice, request to protect domestic industries was consistently existed and maintained under the WTO system.2) Though d … More eveloping countries claimed reconstruction of the international economic order such as "the New International Economic Order" after the WW II, developing countries are participated in the International Market Economy. The needs for liberalizing trade are strengthened in inter-states economic relations.3) The contradiction between needs for protection of domestic industries and needs for liberalization of trade is connected with the issues of other area such as environment, competition and labor, and it makes the problems more complicate.4) The Dispute Settlement System of the WTO seems well function so far. However, in some cases in which matters connected with problems of the other area, fundamental problems arise.5) It must be reconsidered the problems referred in 4), by seeing the WTO Dispute Settlement System as International Control distinguishing from dispute settlement system in traditional sense.6) From the view point of maintaining the sovereignty of state and discretion of state, we must construct the framework for treating problems of the other area under the WTO system. Less