第五章 反倾销法律制度 # 第一节 反倾销实体法 # 1.倾销(dumping)是指出口商以低于正常价值的价格向进口国销售产品,并因此给进口国产业造成损害的行为。
第一节 1994年GATT有关非关税措施的内容 # 非关税措施的作用:
正面:维护安全 阻碍作用:壁垒 壁垒的表现:
第一节 最惠国待遇原则(Most-Favored-Nation Treatment, MFN) # 最惠国待遇是给惠国给予受惠国或与之有确定关系的人或物的待遇不低于给惠国给予第三国或与第三国有相同关系的人或物的待遇。
The Constitution, as ratified in 1788, contains a few provisions guaranteeing individual right and liberties. For example, Article Ⅰ, Section 9 prohibits the suspension of writ of habeas corpus except in cases of rebellion or invasion; Article Ⅲ, Section 2 guarantees trial by jury in criminal cases except in cases of impeachment; Article Ⅵ, Section 2 prohibits the use of religious test as a qualification for public office.
Independence from England left the thirteen American states without a central government. Each of them functioned as an autonomous unit. Even under the Articles of Confederation, the states retained their sovereignty. However, as a necessary compromise for the formation of the union, the states that sent their delegates to the constitutional convention at Philadelphia in 1787 yielded a portion of their sovereign powers to the new federal government. The national government thus became responsible, in the main, for the common defense, public peace, regulation of commerce, and foreign relations. And to carry out these functions, the national goverment was given the taxing power and other necessary and proper powers.
Constitutional law, in its essentials, is an expression of how people want to live as individuals within an organized society. What form of government they want? What powers shall the government exercise? What rights and liberties shall remain with the people? By what mechanisms are these rights and liverties protected?
The federal constitution, ratified in 1788 by the original thirteen states and thus today the oldest operative constitution in the world, is the core of the American legal system. It establishes the governmental structure of the federation, regulates the relationship between the federation and the member states, and lays down the basic rights of the American people.