Therefore, in the context of government procurement, the national treatment rule applies only between those who have signed the agreement. For others, the traditional exception is still in force(see Chapter 8 on government procurement). (2)Domestic Subsidies GATT Article II: 8(b)allows for the payment of subsidies exclusively to domestic producers as an exception to the national treatment rule under the conditio that it is not in violation of other provisions in Article Ill and the agreement on Subsidies and Countervailing Measures. The reason for this exception is that subsidies were recognized to be an effective policy tool, and is recognized to b basically within the latitude of industrial policy authorities. However, because subsidies may have a negative effect on trade the agreement on Subsidies and Countervailing Measures imposes strict disciplines on the use of subsidies(see Chapter 6 on subsidies and countervailing measures). 案例: 在20世纪90年代的美国,为了提高市场份额,国内和国外的汽油销售公司的竞争变得异 常激烈。在销售量衰退和新的要求提高汽油质量的环保标准压力下,美国大型石油公司发现 了阻挡进口商的良机。美国石油公司积极支持美国环保局修订《净化空气法》。在1990年法 案的修改中,国会指导环境保护局规定:在美国一些重污染区,采取新的规章来提高空气质 量。只有经改良的、减少有毒物排放的汽油和天然气才能在这些地区销售。环保局负责签署 改良汽油和惯用油标准原则。1991年,环保局提出了对于国内和国外炼油商不同的标准, 他们认为国外炼油商缺乏1990年检测的、足以证明汽油质量的真实数据,只能通过一个“法 令的底线”显示他们汽油的质量。而国内炼油商可以通过3种可行方法制定“独立的底线”。 同时,美国从加拿大进口的石油也采用了“独立底线”方案 ·问题:美国的做法是否符合非歧视原则? 2. Freer trade gradually, through negotiat ion Lowering trade barriers is one of the most obvious means of encouraging trade. The barriers concerned include customs duties (or tariffs)and measures such as import bans or quotas that restrict quantities selectively. From time to time other issues such as red tape and exchange rate policies have also been discussed. Since GATT's creation in 1947-48 there have been eight rounds of trade negotiations. a ninth round, under the doha development agenda, is now underway. At first these focused on lowering tariffs(customs duties) on imported goods. As a result of the negotiations, by the mid -1990s industrial countries'tariff rates on industrial goods had fallen steadily to less than 4%. but by the 1980s, the negotiations had expanded to cover non-tariff barriers on goods, and to the new areas such as services and intellectual property. Opening markets can be beneficial, but it also requires adjustment. The wTo agreements allow countries to introduce changes gradually, through"progressive liberalization". Developing countries are usually given longer to fulfill their obligations 3. Predictability: through b inding and transparency15 Therefore, in the context of government procurement, the national treatment rule applies only between those who have signed the Agreement. For others, the traditional exception is still in force (see Chapter 8 on government procurement). •⑵Domestic Subsidies GATT Article III:8(b) allows for the payment of subsidies exclusively to domestic producers as an exception to the national treatment rule, under the condition that it is not in violation of other provisions in Article III and the Agreement on Subsidies and Countervailing Measures. The reason for this exception is that subsidies were recognized to be an effective policy tool, and is recognized to be basically within the latitude of industrial policy authorities. However, because subsidies may have a negative effect on trade, the Agreement on Subsidies and Countervailing Measures imposes strict disciplines on the use of subsidies (see Chapter 6 on subsidies and countervailing measures). 案例: •在 20 世纪 90 年代的美国,为了提高市场份额,国内和国外的汽油销售公司的竞争变得异 常激烈。在销售量衰退和新的要求提高汽油质量的环保标准压力下,美国大型石油公司发现 了阻挡进口商的良机。美国石油公司积极支持美国环保局修订《净化空气法》。在 1990 年法 案的修改中,国会指导环境保护局规定:在美国一些重污染区,采取新的规章来提高空气质 量。只有经改良的、减少有毒物排放的汽油和天然气才能在这些地区销售。环保局负责签署 改良汽油和惯用油标准原则。1991 年,环保局提出了对于国内和国外炼油商不同的标准, 他们认为国外炼油商缺乏 1990 年检测的、足以证明汽油质量的真实数据,只能通过一个“法 令的底线”显示他们汽油的质量。而国内炼油商可以通过 3 种可行方法制定“独立的底线”。 同时,美国从加拿大进口的石油也采用了“独立底线”方案。 •问题:美国的做法是否符合非歧视原则? • •2. Freer trade: gradually, through negotiation •Lowering trade barriers is one of the most obvious means of encouraging trade. The barriers concerned include customs duties (or tariffs) and measures such as import bans or quotas that restrict quantities selectively. From time to time other issues such as red tape and exchange rate policies have also been discussed. Since GATT’s creation in 1947-48 there have been eight rounds of trade negotiations. A ninth round, under the Doha Development Agenda, is now underway. At first these focused on lowering tariffs (customs duties) on imported goods. As a result of the negotiations, by the mid-1990s industrial countries’ tariff rates on industrial goods had fallen steadily to less than 4%. But by the 1980s, the negotiations had expanded to cover non-tariff barriers on goods, and to the new areas such as services and intellectual property. •Opening markets can be beneficial, but it also requires adjustment. The WTO agreements allow countries to introduce changes gradually, through “progressive liberalization”. Developing countries are usually given longer to fulfill their obligations. •3. Predictability: through binding and transparency