The balance between rights and duties is an important characteristic of the World Trade Organization (WTO). Adhering to the balance between rights and duties is one of the three basic principles China has always upheld over the past 14 years in its application for re-entry into GATT (General Agreement on Tariffs and Trade) and joining the WTO. Whether in the process of negotiation, or in the future when China becomes a full member of the WTO, China will, in accordance with the principle of the balance between rights and duties, enjoy the rights of the multilateral trading system, while performing its corresponding duties and constantly scoring new development in promoting the cause of China's reform, opening up and socialist drive. The following are the three main points of this article written by Chen Xiang and published on the front page. I. Right-and-Duty Balance-an Important Characteristic of WTO Seen from the basic functions of the WTO, one of its important characteristics is the balance between rights and duties, among its different members, rights and duties are mutual as well as basically balanced. While enjoying rights, any one of its members must undertake relevant duties, rights and duties are basically balanced On the basis of abiding by the basic principles and performing relevant duties, WTO members can, under necessary circumstances, apply exceptional clauses to protect their own rights and interests. In line with these clauses, under the circumstance wherein a WTO member encounters a serious deficit in international payments and its economic development requires that the government adopt a policy of interference, it can make temporary readjustment to its relevant duties, so as to guarantee a steady development of its economy. The WTO also stipulates that when a certain member, while performing its duties, is seriously harmed or faces the threat of a serious harm resulted from the influx of commodities and services imported from other member countries, can apply to the WTO for temporarily ceasing performing relevant duties or revising duties, so as to safeguard its interests. The WTO advocates promoting the liberalization of trade, requiring that its members reduce trading barriers, so that trade can go on more freely, thereby enabling various members to give fuller play to their comparative advantages and boost economic growth through the development of trade. At present, the WTO has 135 members, with the developing countries and regions accounting for 81 percent. The structure of the WTO members is experiencing changes, the developing countries have been able to play a definite role in safeguarding their own interests, for example, in the Uruguay rounds of negotiation, due to the role played by the developing countries, the developed countries have promised that by 2005 all textiles quotas set specially for the developing countries will be cancelled. The developing countries have also realized that only through participation and cooperation, can they gradually change the irrational and unfair international economic order, this constitutes one of the important reasons why the numerous developing countries join the WTO. II. Upholding the Right-and-Duty Balance in China's WTO Entry Beginning from 1986, over the 14-year process of negotiation on China's application for re-entry into the GATT and accession to the WTO, China has persistently adhered to the principle of the balance between rights and duties. Joining the WTO is aimed at promoting China's reform and opening up and the development of its national economy, at the same time, it also aims to boost economic and trade cooperation between China and various countries and regions around the world and bring about a steady development of the world economy, as well as to make its contribution to the establishment of a just and reasonable international economic new order. In accordance with the principle of the balance between rights and duties, once it joins the WTO, China will be able to enjoy the multilateral, stable and unconditional most favored nation status provided by the WTO members and the achievements gained by other countries and regions from trade liberalization, participate in the formulation of international trading rules, and utilize the WTO's multilateral dispute solution mechanisms to safeguard China's rights and interests. But while enjoying rights, China also has to perform appropriate duties, including observance of the WTO rules while enacting laws and regulations, increasing transparency, introducing national treatment, reducing administrative intervention, gradually lowering tariffs in regard to the opening of markets, abolishing non-tariff measures and gradually opening the service market. Since China introduced the reform and opening policy, its overall national strength has been increasingly enhanced and its influence on the world economy and trade has been constantly expanding, so without China's participation, the WTO will be incomplete and will hinder world economic development. Precisely because of this, we have every reason and ability to ensure the balance between rights and duties in the process of negotiation. III. Correct Understanding of the Right-and-Duty Balance Related to China's Entry Into the WTO After China's future accession to the WTO, the rights it will be able to enjoy are identical with the duties it has to fulfill. For the WTO members, China's market potential has a great appeal to them. China's entry into the WTO, its observance of the WTO rules and performance of the duty of opening its markets promised during negotiation will provide its trade partners in various countries and regions with better and more stable market access opportunities. In order to achieve the right to such an opportunity for entry into the Chinese market, the WTO members must also perform corresponding duties in relation to China, thereby laying a stable foundation for the long-term development of China's economic and trade relations with various countries and regions. As far as China is concerned, after its accession to the WTO, it can enable more Chinese enterprises and products to enter the markets of other countries in a more convenient way, at the same time, China will open its markets wider to other WTO members; we can participate in the formulation of international multilateral trading rules, at the same time, China will also be subject to the restraint of the WTO rules, it will make adjustment to its foreign-related economic laws, regulations and policies; we can make use of the WTO dispute solution mechanisms, so that trade disputes can be resolved in a comparatively fair way, at the same time we must also obey the ruling of the WTO dispute solution mechanisms. After China's future accession to the WTO, we should get to know and grasp the WTO rules as quickly as possible, and try our utmost to turn the rights China enjoys into the actual benefits that boost China's economic development. We should seriously deal with the challenges possibly brought about by our accession to the WTO, convert pressure into motive force through reform, accelerate the realization of the two fundamental shifts (shift of the economic system and the mode of economic growth), raise the management level of China's enterprises as soon as possible, push forward the establishment of a modern enterprise system, create a mechanism for equal competition, bring about the rational allocation of resources, promote the structural readjustment of various trades and industrial upgrading, enhance the international competitiveness of related industries and service trades. At the same time, we should properly handle the relations between observance of international rules, fulfilling international obligations and guaranteeing State security and maintaining economic stability. |