From the global financial crisis in 2008, the USA led world economic superpower's economic status has been seriously affected, especially for developing countries like India, Brazil, China, due to rapid economic development, the rapid growth of foreign exchange reserves, coupled with the China government able to size up the situation, actively launch the $4 economic stimulus package, in the central and local governments have huge economic stimulus, the China economic downturn situation has been halted, as of the first half of this year, the China's overall economic recovery, the whole year is expected to achieve GDP8% growth expectations, although China overall foreign trade import and export situation is grim, but because of domestic demand to start the whole brought by GDP the growth of foreign trade export decline partly offset.Because of American downturn situation has not bottomed out, resulting in America the domestic unemployment rose again and again, to nearly 8% of the proportion, the America domestic public and industry associations of the pressure, American government since the beginning of this year again and again to Chinese revolt, the Chinese tire, seamless steel pipe and other products filed anti-dumping survey, American President Obama 11, ignoring the Chinese, decided to impose punitive tariffs on tire imports from Chinese, namely on the relevant tax basis of the original 4%, additional tariffs are imposed a 35%, 30% and 25% in the next three years.This "special safeguard measures (special protective measures)" will come into effect in September 26th.The tyres case is the first case of the Obama administration to Chinese safeguard investigation initiated, also with the largest value of."Special protection" is a by-product China 2001 when joining the WTO, is to join the World Trade Organisation and accept the compromise was agreed to terms, America Chinese related products using the special safeguard measures under the suitable conditions, the period of December 11, 2001 to December 11, 2013.In the subsequent 8 years, America successively six against China special safeguard investigation was submitted to the Bush president, but were Bush veto.The major difference between safeguard and anti-dumping, countervailing and other trade remedies, safeguard is from application to final time is very short, generally only about half of the time, but sanctions time is very long, there are usually 3 years of sanctions time.The greater threat is the special protection is generally not thorough like anti-dumping investigation shows that, given the opportunity to defend himself rarely.
Special protection case prosecutors is America Steel Workers Union (USW),USA steelworkers in early April 20, 2009 to USA government, accusing China tire manufacturing caused the industrial damage to its, and asked the government to restrict imports USA Chinese tyres on USA export, to start protecting America domestic tire manufacturers, thereby reducing the unemployment rate.But because of USA great influence in the international arena, the set of non trade barriers in international played a bad head, because China special situation and cheap labor, China manufacturing products due to high quality and inexpensive, and mostly developed countries due to the third industry developed, these low-level industry, because the added value is low, basically are labor-intensive industries, developed countries due to the higher labor cost, so the industry turned to China, like India such rich labor resources of the country.Since the reform and opening up Chinese more successful, these labor-intensive enterprises in the Pearl River Delta blossom everywhere, is developed, by China manufacturing these products are very competitive in western developed countries, leading to the national minority the existence of these low-end industries have bankruptcy.Since the first attack on the USA China, many countries have followed suit, and even three of China products filed anti-dumping investigation, so Chinese became the victim in the world's largest international trade, caused great pressure to Chinese enterprises, many enterprises are bankrupt.
Great pressure in the domestic economic situation, the lead in the Ministry of Commerce, many domestic industry associations in the government, the all China Lawyers Association under the guidance of the organization, many companies have hired foreign legal experience with WTO lawyers to actively responding to, although in recent years China enterprises in WTO among lawsuit less negative more win, but domestic enterprises in recent years the respondent awareness has been significantly improved.Although China joins WTO already for many years, but if want to actually difficult to find on WTO legal talents in the market, encountered anti-dumping cases often turn Yu Yang lawyers, lawyers and Chinese only do some auxiliary work, due to the lack of practical experience, China lawyers in litigation in WTO hardly able to independently.Allegedly, the about 100000 lawyers to do foreign affairs but more than 2000 people, and most of the WTO lawyers and distribution in Beijing, Shanghai.And China domestic and very urgent need of a large number of such legal talents, and legal institutions China rarely open this professional, even if there is, most of the students are just empty talk, do not have any practical experience.Up to now, be able to use the foreign language to participate in negotiations, the signing of the contract law only two or three people.According to the Shanghai Bar Association for information display, Shanghai this metropolis, can skillfully handle WTO law lawyers also very miss.In fact, after China's accession to the WTO legal counsel of WTO or more, but can achieve the "talent" this step is quite small.The key lies in the most lawyers are engaged in legal concept, but there is no specific study on WTO dispute settlement mechanism.At the same time, this also and the lawyer's level.Mr. Qian said, puts forward higher requirements in the WTO law to study the English level of lawyers, which makes many lawyers do not pass.The language barrier, Beijing, Shanghai and other big city lawyers are better in this respect.At present, the National Lawyers Association has been aware of this situation, and to set up a WTO professional committee, from elite from all provinces and cities including Shanghai, to assume the WTO practice training for lawyers and for the government and the society to provide legal service functions WTO.
How to become a qualified WTO attorney?Comprehensive domestic actual situation in recent years, the author thinks that each one wants to engage in WTO foreign lawyers who should be the following aspects such as hand:
If you can master the United Nations common language one door, you will be more competitive, but learning a foreign language has been a most Chinese weakness, many took the foreign language talents in grade six, grade eight certificate, see a foreigner be Agape and tongue-tied, be at a loss what to do.As the author of several Shenzhen attorney exchange drawn: 1, have the financial resources, study abroad, the foreign language breakthrough time, then in the concentration time WTO foreign rule system training; 2, if you can't go abroad, to build the new concept English book four with the Crazy English method all Li Yang's escape one's lips, finish the the task, can say that your English level can be The Legendary Swordsman, have solid English fundamentals, you focus on breakthrough a WTO about the foreign legal materials, with the basic theoretical knowledge of these, then you add Chinese a foreign law firm, through the actual combat and training, I believe you have is an expert in this field, of course you also become a lot of law students, and the general law of envy of high-end talent.