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Правовые аспекты регулирования гражданско-правового договора в контексте вступления в ВТО (english) - (диплом)Правовые аспекты регулирования гражданско-правового договора в контексте вступления в ВТО (english) - (диплом)Дата добавления: март 2006г. THE PLAN 2. The Essence of the civil-law agreement in accordance with legislation of the Republic of Uzbekistan and foreign countries. 7 3. Legal mechanisms of regulation of the agreements in WTO 26 4. The review of the civil-law legislation, agreements in the Republic of Uzbekistan in the context of the introduction in the World Trade Organization. 44 5. The conclusion. 53 The transition from administrative - command economy to the democratic forms of management in economic sphere puts on the head of a corner the necessity of formation of system, adequate to the market, of legal regulation of the economic relations. "The creation of a legislative skeleton socially guided market economy is not only obligatory condition of transitive period, but also characteristic feature of development of a lawful state", I. A. Karimov - has noted [1 I. A. Karimov “ Uzbekistan - own model of transition on the market ”. Tashkent. 1993. ] . The special place in system of legal means ensuring the functioning of the economic relations will be allocated to the agreement. It is the special, key legal form of the market relations allowing in the full to realize essential features of a commodity production: freedom of will in relationships of the participants of these relations, property and organized independence of the parties of the obligation and etc. The agreement in the conditions of the market relations should be the main legal act ensuring the regulating of circuits of behaviour of the participants of these relations. Such relations with no dependence on the sphere of their occurrence (industry, agriculture, trade, transport, and etc. ), (transfer of a thing, fulfillment of works, creation of a product of creative activities, rendering of services and etc. ) and the actions in space (intrastate, interstate) are subjects to registration by the conclusion of the agreements. In the transition from administrative - command economy to the democratic forms of management in economic sphere connected with above mentioned by the factor of hardening of the agreement, as one of the most important legal means ensuring functioning of the new economic relations and entry in system of world trade turnover and a turn-over of services, the Republic of Uzbekistan collides with necessity of expansion and maintenance on better level of the participation in this trade turnover. One of pillars and legislative bodies of the world trade system is the World Trade Organization. The World Trade Organization (WТО) is legal and institutional basis of multilateral trade system [2 The text of the Agreement of the Final Act of the Uruguayan round of negotiations GATT 1994, Marrakesh, April 15, 1994. ] . It provides main contracts obligations determining, how the governments should to formulate and put into practice the internal legislation and decrees concerning trade. And just on this platform the trade relations between countries, due to collective discussion, negotiations and settlement of disputes develop. WTO was created on January 1, 1995. The governments have finished negotiations within the framework of the Uruguayan round on December 15, 1993, and have expressed the political support to results, by signing the Final act on meeting in Marrakesh, Morocco in April, 1994. " The Marrakesh declaration " from April 15, 1994 has confirmed, that the results of a Uruguayan round " would strengthen world economy and would result in expansion of trade, investments, and growth of the incomes all over the world ". WTO is an embodiment of both results of a Uruguayan round and successor of the General tariff agreement and trade (GATT). From 125 countries and territories of the potential members of organization 76 governments become the members WTO in the first day. About 50 other governments are at a various stage of completion of the internal procedures of ratification, and other countries negotiate for conditions of the introduction. WTO can have not only potentially more members, than GATT (128 by the end of a 1994), it also has wider scope point of the point of view of sales efforts and trade policy, by which it is applied. GATT was applied only to trade in the commercial goods, WTO covers trade in commodities, services and " trade in ideas " or intellectual property. WTO is situated in Geneva, Switzerland. Its main functions are: · Regulation both realization of the multilateral trade agreements and trade agreements with the limited number of the participants, which together form WTO; · Cooperation with other international establishments-participants in the formation of global economic policy. The WTO agreements are contained by 29 separate legal texts covering a wide spectrum of areas from an agriculture up to textiles and clothes, and from services up to state purchases, rules of an origin and intellectual property. It is supported by more than 25 additional applications, decisions and arrangements accepted at minister level, which explain the responsibilities and obligations of the members WTO. However, the number of simple and basic principles passes by a red string through all these documents, which together form multilateral trade system. (the WTO Agreements represent the long and complex agreements). So, the trade system has: - To be more free with the process of decrease of barriers by means of negotiations; - Should be more favourable to less (competitive) advanced countries. The urgency of the present theme is dictated by possible prospect of the effect of legal bases WTO on civil-law bases of a the Republic of Uzbekistan, their development and evolution. The work is based on the analysis of existing bases of the civil-law agreement in the Republic of Uzbekistan, analysis of world practice of the agreement (contract) as the greatest possible sample with the really fulfilled institutes and practice of the agreement functioning in conditions of the advanced market economy and multilateral trade system, analysis of legal mechanisms of regulation of the agreements in WTO as the major factor of effect on the agreement. Thus, in conditions of market economy the influence of the agreement immeasurably grows. It amplifies especially in a context of the relations with WTO. The Essence of the civil-law agreement in accordance with legislation of the Republic of Uzbekistan and foreign countries. The agreement as a public social product is legal form, most stable in time. The agreement serves as the ideal form of activity of the participants of a civil turn-over. With the course of time together with development of system of the public relations, serviced by the agreements, the structure of the possible participants (natural persons, collective formations recognized as the independent subjects of civil law legal persons) has extended to. The design of the agreement is applied in various branches of the law: international, public, administrative etc. And nevertheless it is used widely in civil law. So what do the civil-law contracts represent? The sight, existing in the roman law, on the contracts allowed to consider them from three points of view: as the basis of occurrence of the relationships, as relationships themselves, arisen from this basis, and, at last the form, which appropriate relationships accepts [3 M. I. Bruginsky, V. V Whitryansky “Conventional Law”. Moscow. 1997. ]. This multiple-valued submission about the agreement with the certain changes practically is realized in the Republic of Uzbekistan and in the civil codes of other countries. All these listed significances of the agreement are anyway determined from the point of view of civil law as the legal form regulation of the specific property relations. It also is visible from the contents of an article 234 of Civil Code of the Republic of Uzbekistan according to this article: " By the virtue of the obligation one person (debtor) is obliged to make for the benefit of other person (creditor) the certain action, such as to transmit property, to execute work, to render service, to pay money and etc. , or to refrain from the certain action, and the creditor has the right to demand of the debtor of fulfillment of his responsibility". That kind of the liability relation also represents the legal form of the property relations between the parties of the agreement. The agreement - one of the most widespread versions of the bargains. As well as any bargain, agreement aimed on an establishment, change or termination of the relationships. However as against the unilateral bargain the agreement is always agreement of two or more parties (article 353 Civil Code of the Republic of Uzbekistan). The agreement as the agreement of the parties is characterized by the following attributes: а) free will of the parties; b) the consent of the parties on all essential conditions making its contents; c) compensative (by the common rule) character of actions of the parties under their obligations; d) equality of the parties in the contractual relations; e) the legal warranties for fulfillment of the agreements; f) the responsibility for infringement of a contract. The agreement assumes fulfillment at will of its participants of the certain actions that have legal significance and consequently capable to cause occurrence of the definite rights and the responsibilities of its parties. In these actions the will with special intention to cause legal consequences is expressed. The agreement as the consequence of will of the parties renders active effect on behaviour of its participants, individualizes, forms and adjusts this behaviour. [4 M. H. Rukhmankulov “ The role and essence civil - legal agreement in conditions of market economy ”. Tashkent. 1994. ] In conditions of market economy the agreement first of all the product and in the same time the legal forms of the money - goods relations based on the law of cost, therefore it can express first of all will of its parties. Now the right to solve the problem on choice of the contractors and need to enter the contractual relation independently is given to the enterprises, organizations. They have the right to refuse in the certain cases fulfillment of already made agreement, if it is necessary with the purposes of maintenance of own interests. The will in the agreement for the contents can be with identical or with opposite, but counter orientation. For example, at construction by agreement of joint venture including the legal persons of the various states their will on the character has an identical orientation. By the sales contract the will of the parties under the contents, as a rule carries opposite, but counter character. But irrespective of an identical or opposite orientation of the will of the parties, the agreement is an act of common will of the equal in rights subjects. In this case speech does not go about equality in the rights of the parties of the made agreement, that in itself is meant about equality of the subjects who have expressed desire to enter to the contractual relations. Each of the parties enters the agreement, having the detached property belonging to it on property law or on the right of complete economic management, and also bears the independent property responsibility for infringement of the contract. In conditions of the market the enterprises build the activity on the basis of economic methods of its valuation by use of cost categories, therefore the property relations established between them carry out on compensate principles. So, the appropriate legal form is inherent in the property -relations builded on the basis of compensate, in which the economic equality of the parties participants is expressed. This form is the agreement. In spite of the fact that the agreement is used now in various spheres of public life: political, economic, social, cultural and etc. the trade and economic relations, as the most important sphere of contractual regulation in a context of contractual regulation in the spatial relation remain the most important sphere of contractual regulation. In intrastate trade and economic relations the state, cooperative enterprises, organization, association, firm, exchange, businessmen and the others participate in aggregate order are the subjects of the civil-law relations serviced by system of the civil-law agreement. They enter to the contractual relations, being the legal persons, direct or through the branches separate, division, representatives and etc. The material base for the introduction into the contracts is served by their property belonging to them on the property law, complete economic management or right of operative management. It is completely clear, that for full development of the market relations it is not necessary only enough of the goods, but also high level of development of the contractual forms of the relations as a means of regulation of interests of the participants of these relations. There are various kinds of the agreements and use of that or other kind of the agreement depends on character of a subject (the thing, concerning of what about the agreement was made), from the purpose, for the sake the achievement it is made. The Civil Code considerably expands potential of the forms, kinds of the agreements: "the parties can conclude the agreement and not stipulated by the legislation " Civil Code of the Republic of Uzbekistan an article 354. With a finding of independence Uzbekistan got an opportunity actively to integrate in the international economic community. As the sovereign state Uzbekistan enters in the trade and economic relations directly itself as a unit and through the trade and economic organizations. In the first case on behalf of Uzbekistan in the trade and economic relations gets the State Chambers of Commerce of representation and in other case its bodies enter Ministry of foreign economic relations, Treasury. They are on the state budget. In this case legal status of the state is defined not according to norms of civil law about capacity, but its competence determined by the supreme body of a state authority (parliament) and the Constitution. In the second case - in the trade and economic relations, irrespective of a pattern of ownership can participate legal and natural persons, including foreign international organizations acting on territory republics, and abroad, registered by a Republic of Uzbekistan as the participants of foreign economic relations. Thus, by the conclusion of the agreement the wide sections of questions of trade and economic policy between the state, and objects of external trade and economic policy can be covered. Objects of external trade and economic contractual activity can be resources of all kinds, goods and services created in all branches and spheres of managing, valuable papers, scientific and technical production, intellectual and other values representing mutual interest. As it is visible, the circle of questions of the interstate economic and trade relations is wide and each can make of these kinds of questions a subject one or several versions of the agreements. For example, the relations connected to the markets of the goods, can be made out by the contracts of sales, agreements of delivery, agreements of commission, and connected with attraction by way of the investment of the foreign capital as the credit can be made out of a contract basis. The investments can consist of property, financial and intellectual values put by the investors in object of business and other kinds of activity, therefore relations connected to the investments depending on the kind of activity, can be made out by the conclusion in various kinds of the agreements. The Republic of Uzbekistan, entering on a way of independence as the sovereign state, directly defines and conducts the external economic policy. It already has established on a contract basis trade and economic ties with the number of the states. However, not all the aspects of the trade and economic relations become a subject of the interstate agreements. Except that Uzbekistan has the necessary political and economic preconditions for the further expansion of a circle external economic and sales efforts. It needs acceptance of a number of the acts and fulfillment necessary measures on scopes of the whole complex of the economic and trade relations on various kinds of activity. Between the agreements used in sphere of intrastate trade and economic relations, there are much common, at the same time each of them has features, inherent in it. The agreement is the product of will of its parties. As the form of the legal regulation the agreement serves for means of formation and behavior of its participants. By agreement in sphere of trade turnover in the best way finds the realization of property law of its participants on the property. Instead of the existed and existing yet practice of the conditions of contract, structure of contractual links will be formed on a basis mainly of two beginnings: will of the contractors and law. The sources of the roman law underlying of existing civil-law systems of advanced countries, to the number of the essential emitters of the bilateral agreements, without which there is no agreement, refer the agreement, i. e. the will of the party, object of the agreement and its basis. Just from these i. e. strong-willed, positions and right the agreement in modern civil law of USA is extremely simply determined: " the Agreement is a promise or number of the promises for infringement of which the right establishes the sanction or fulfillment of which the right considers, in the certain sense, as the responsibility ". Thus, and here will of the parties is the determining beginning of occurrence and realization of the contractual relations. The law is the second major component, which can only influence the contents, the faith of the contractual relations. In an ideal in conditions of the market just the law, right (not the act of planning or order of a body of state management) there should be by a primary means of direct effect of the state for economy, money - goods relations and legal forms, which are servicing them [5 M. H. Rukhmankulov “ the Agreement: occurrence and discharge of the obligation ”. Tashkent. 1994. ]. Such statement of business can be only met in international practice, experience of countries with the advanced market economy, where the state is law creative that creates conditions for normal functioning of economy, overcoming of the negative phenomena interfering free realization of principles of the market relations. As an example it would be possible to result Anti trust acts of the USA, other western parties. The significant development in the USA, Japan, Canada, France and other countries has received the legislation directed on protection of the rights of the consumer. In the civil, trade legislations of the indicated above countries, the conditions are detailed stated which cannot be included in the contracts, or are qualified legally void, as they put in a unequal situation of the seller and buyer. For example, the contractual conditions putting the consumer in obvious a non-uniform rule(situation), are considered in countries with roman and West-German legal systems as abusing by the right on the part of the businessmen, and in countries of English - American legal system - as "unjustified", that is recognized as the English judges and is fixed in an article of 2-302 of the Uniform Trade Code of the USA [6 The uniform Trade Code of USA. Uniform Commercial code - The American Law Institute] Not withstanding that the American economy largely depends on deals made by the private persons without interference of government, the latter nevertheless frequently renders the important influence on process of the conclusion of the bargains. In some cases this effect is, that the courts are authorized to carry out the control behind the bargains in case of unfair behaviour of the parties. But largely influence of government is result of action of the legislation determining a conditions of the conclusion of deals. " The Legal regulation of trade includes Antitrust acts have by the purpose to encourage a competitiveness by prevention and restriction of restraint of trade, and also law on the unfair competitiveness ordering, that the competitiveness was conducted on the basis of acceptable criteria of conscientiousness. Thus, the indicated group of the laws establishes the important limits as in sphere of concentration of an authority in hands of the participants of deals, and concerning methods used by the given participants during the conclusion of deals. The main source of the right in this area is served by the federal legislation especially three main acts, accepted by Congress with the purpose of assistance to development of a competitiveness [7 G. Lusk “ Civil Law of USA ”. Moscow. 1961. ] . First and most important of them —Antitrust Sherman law, accepted in 1890 during industrial expansion and concentration of an economic authority followed the civil war. It forbids in general unreasonable restrictions of trade and monopoly. The Klayton law of 1914 is more specific. Behind some exceptions it forbids: first, exclusive contracts connecting the agreements and restriction, similar to them, on distribution of the goods; secondly, discrimination in the prices (differentiation) concerning the different buyers, and other measures, connected to the prices, discrimination character; thirdly, purchase by one corporation of the shares or assets of other corporation, if as a result of such purchase“the competitiveness can be essentially reduced or to be scheduled the tendency to creation of monopoly”. While the Sherman Law condemns already existing evil, the Klayton law requires only reasonable probability that, such evil will come hereafter. The third main act—Law on Federal trade commission accepted in 1914 too, is as a whole directed against“of unfair methods in a competitiveness”. It has provided creation of a Federal trade commission with functions on application of the law. All these three legislative acts which have been taken together, adjust the“horizontal” -relations in sphere of enterprise activity of the competing persons, “vertical” -relations of business including of suppliers and consumers, in some cases — Internal - relations within the framework of the enterprise. In general the laws have received the name Antitrust in honor of “trust” XIX in. —Stable association of enterprise units consisting of large number of corporations within the framework of one industry, such, as petroleum or sugar, acting on the basis of the agreement for creation of trust with transfer of uniform management to hands of board of the trustees. In exclusive the contract is considered, in which one of the parties is authorized to acquire the goods from other party provided that the party buyer will not deal with the similar goods relating a line of business of the third persons— The competitors of the seller [8 V. P. Mozolin, E. A. Fransword. “ The conventional Law in USA and USSR ”. Moscow. 1988. ] . The connecting agreement provides sale or leasing of production provided with any other kind of production simultaneously will be bought also. The main characteristics of these acts, and first of all of Sherman Law, is that in them the wide and more common legal formulations are used in comparison with the usual legislation of USA. This deliberate uncertainty has granted a main role to courts in interpretation of the laws and adaptation them to changed kinds of production and their market distribution. Instead of establishing precise and firm rules, courts in interpretation of the to the help common“ rules of good will ”(standard of good will). Its application from time to time was changed. Depending on a particular industry, various circumstances the judges should consider economic given and other reasons. Therefore in USA there is no absolute limit concerning the size of the enterprise and in itself size or even a prevailing rule of the enterprise in the market are not discussed, though they are among those circumstances, which is subject to judicial valuation. Nevertheless, the courts consider, that some actions, such, for example, as the“horizontal”agreements between the competitors with the purpose of effect on the prices or unit of the markets, are so wrongful, that already by virtue of it are in themselves unreasonable. The doctrines similar to a situation about good will of unreasonableness, according to the Law of Klayton are applied also to the exclusive contracts connecting to the agreements, and to the majority of the forms of discrimination in the field of the prices. As well as it was necessary to expect, on a question on sphere of action of the rules good will and unreasonableness in particular businesses connected with antitrust laws, there was a large discussion, as all American business actually is in the property and management of the private persons, maintenance of a competitiveness and control of it serve business of greatest importance. In some areas, however, the Congress has receded from an ideal of a free competitiveness. So, it limited withdrawals in application antitrust laws were entered in such branches of economy, as the aircraft, communication, railway, automobile and sea transport, supervision of which activity in a various degree is carried out by special regulating agencies. The government can struggle with infringement antitrust laws by several ways depending on circumstances. To them concern: the judicial interdictions used in civil legal proceedings; criminal prosecution; The orders on the termination or abstention from fulfillment of illegal actions taken out by way of administrative production. The private persons possess also other means of effect, first of all by opportunity of presentation of the claim about reimbursement of the threefold losses, on which for the benefit of the dissatisfied party the sums three times exceeding a size of the caused losses can be collected. General practice, the concept of the agreement or contract in west represents the following stable determinations. In a basis of the agreement the given promise lays voluntary to take up the legal responsibility. The agreement determine as follows: “ the Agreement —It is a promise or number of the promises, for which infringement the right establishes the sanction or which fulfillment the right considers, in the certain sense, as the responsibility”. For achievement of the mutual agreement one party should make the offer — Offer, and other party should it accept —To make the acceptance. Thus, two essential elements of the agreement are the offer and acceptance (some include the offer and acceptance in uniform concept the agreements). In addition to the offer and acceptance the agreement should be based to counter satisfaction, the parties of the agreement should have capacity, the purpose of the agreement should be legal—Other words, the fulfillment of the agreement should not infringe public interests. Thus, summarizing a question on the essential terms and conditions of contract, it is possible to tell, that elements of the agreement obliging the parties in legal sense, are: 1) offers, 2) acceptances, 3) counter satisfactions, 4) capacity of the parties and 5) legal purposes of the agreement. The contracts are shared on unilateral and bilateral. Certainly, the contracts can be formal and informal, however in connection with almost complete failure of practice of the conclusion of the contracts under seal for the validity of the agreement it is enough simple will of the businessman. “As the Unilateral agreement such agreement refers to as, on which promising, the debtor, does not receive as counter satisfaction of the promises of other party. The bilateral agreement—Is such agreement in which seems the mutual promises of two parties, each of which is simultaneously both creditor and debtor”. The promise of the award is an example of the unilateral agreement. Promising offers the award its offer is accepted by the fulfillment of actions, stipulated in it. The party accepting the offer, does not give the promise, instead of it makes actions stated in the offer. The usual commercial agreement happens bilateral more often. In the bilateral agreement the parties exchange the promises, while in the unilateral agreement the promise exchanges on action. Valid the agreement adequate all requests, presented to the agreement. The parties are connected by such agreement, and the court will assist its realization in the compulsory order. Such contracts are deprived of claim force which cannot be carried out in the compulsory order on the basis of a filed action, though they and create by an indirect way the responsibility of fulfillment. Under the bargain with government of the United States it is impossible to present the claim to the United States without their consent, and even in case of satisfaction of such claim it is impossible to receive fulfillment in the compulsory order. The similar bargain is referred to as the agreement, though the compulsory fulfillment it is impossible without the consent to that for one of the parties. If one of the parties has the right at own discretion not to execute the obligation, the agreement is considered voided. As protection against the persons, which could extract profits from unripe the will of the minors, the right is given to the latter to not execute the agreements, made by them. The term “the void agreement”is ordinary applied to a designation of the bargains of contractual character, with which in view of absence of any essential element or in pursuance of the law any of the parties does not appear The agreement is considered executed, when all its participants have executed the responsibilities, caused by the agreement. Before as all these responsibilities are executed, the agreement is being a subject to fulfillment. If one of the parties has executed the responsibilities partially, the agreement frequently name partially executed. The agreement can be executed for one party and being a subject to fulfillment for other. The introduction into the agreement is not necessary if the party have expressed conditions of the agreement in writing or orally. They can be showed by the behaviour the intention to be connected the certain contract. If the parties have established the agreement orally or in writing, their agreement refers to as the directly expressed agreement. If the terms and conditions of contract are not established by the parties, but from their actions seems, that they had intention to enter the agreement, the meant agreement is considered made. Role of the agreement as main legal form of regulation of behaviour of the participants of the market relations thus will be realized in terms of them operative - economic of independence, as subjects of various patterns of ownership. The World Trade Organization (WTO) is an unique international body occupied by the rules of trade between countries. In a core it is the agreements WTO, agreed and signed mostly of countries - participants of world trade lay. These documents provide a legal basis of international trade. These documents provide a legal basis of international trade. It, in the main contracts obliging governments of countries to conduct the trade policy within the framework of stipulated restrictions. Though these documents are agreed to the manufacturers of the goods and services, exporters and importers to carry out the activity. Just in a context of judgments about WTO the new concept is born with which operate as quite independent size "multilateral" trade system, - system of management WTO. The majority of countries - switching on almost all main trade countries are the members of this system. However some countries are not the members and consequently for the description of system the word "multilateral" instead of a word "global" or "world"("global") is used. The integral purpose of system is the help to make trade as it is possible more free - up to that system, there will not be yet by-effects. Partially it means removal of obstacles. It also means maintenance that, that the people, company and government knew, that the rules of trade exist worldwide, and granting by it of reliance that will not take place of sudden changes of policy. In other words, the rules should be "transparent" and predictable. Recognizing that the agreement are prepared and are signed by community of trade countries, frequently during significant debate and disputes, one of the most significant functions of WTO is the service as a forum for trade negotiations. One more important party of work WTO is the settlement of disputes. The trade negotiations frequently include conflicting interests. The contracts and agreements, including those, concerning which the negotiations are conducted with the special labor in system WTO, frequently require interpretation. The most harmonious method of settlement of these distinctions is the method of settlement by means of the neutral procedure based on agreed legal base. It is the purpose worth behind process settlements of disputes, stipulated in the agreement WTO. The creation of WTO on January 1, 1995 was reflected as the largest reforming of international trade from times of 2-nd World War. It is also has resulted, that the reality, in the modern form, has become unfortunate attempt to create in 1948. International trade organization (ITO). Till 1994 the trade system was adjusted GATT, component a part of the uncompleted attempt to create ITO. GATT has helped to create strong and prospering multilateral trade system, which became more and more and more liberal through rounds of trade negotiations. However, to 1980 years system has become to require radical reforming, that has resulted in the Uruguayan round and, eventually, to WTO. So, with updating of trade system of the state - participants of WTO had an opportunity to realize trade, economic purposes within the framework of a number of the agreements WTO, accepted in main during the last Uruguayan round. It is necessary to note, that with occurrence WTO, circle of the agreements WTO, now widely covering alongside with the goods also services and intellectual property appreciably has extended, these spheres had time(was in time) to become most important objects of the agreements and alongside with the goods, it is natural, that these agreements and the rules of the agreements, find the reflection in conditions of the agreements of the parties participants of WTO. Also there are special agreements on procedures of customs, import licensing, shipping inspection and etc. All of them are based to principles of liberalization and authorized exceptions. They include the individual obligations of countries on decrease of the customs tariffs etc. trade barriers, on opening the markets of services and maintenance by their open. The same agreements establish procedures for settlement of disputes. They order a special mode for developing countries. They require(demand) of governments of maintenance transparency of the trade policies. It is necessary to note, that some agreements simply have gone through the second birth and were updated. They existed and earlier but the almost half-century practice of legal regulation of the relations in frameworks just of these agreements has enabled to make out all defects and legislative omissions, and taking into account all completeness of importance of spheres adjusted by these agreements for countries which national income is formed by means of economic realization just in these spheres, the changes were simply inevitable. So, originally agreements GATT was applied and concerning trade in sphere of an agriculture and comprised. For example, it allowed to countries to use such not tariff measures, as the import quotas both grants. And the trade in sphere of participants agriculture has become very difficult, especially, with use of the export grants, which were not usually authorized concerning industrial production. The agreement of a Uruguayan round is the first significant step in the party of an establishment of the order, diligent competitiveness and maintenance smaller distortions in spheres of trade. It should be carried out during period over six years (10 years - for developing countries), from January 1, 1995 till December 31. , 2000. The participants have agreed to begin at the end of a 1999 negotiations on continuation of reforming of process. The textiles is like agriculture, is one of the most burning questions WTO, as it was for want of to old system GATT. In the given moment, this sphere passes fundamental revision within the framework of the ten years' time-table agreed on a Uruguayan round. Among changes such is possible to find, which gradually reduces system of the import quotas prevailing since a 1960 in trade with leading of production under jurisdiction of the rules GATT in four stages. The mentioned above innovations concerning services and formation of the special legal mechanism for them have found the reflection in the General agreement on trade in services. It is the first code of multilateral, right, based on norms, rules covering international trade by services. The main text containing general principles and the obligation consists of three parts; appendices connected to special spheres; and special obligations of separate countries for providing of access to the markets. In GATS the fourth part also is contained: the lists of spheres, where countries temporarily do not apply non discrimination a most favored nation treatment. Exists in frameworks WTO a number of the agreements, which are signed only by several members WTO, the "plurateral" agreements. Them only 4: - Agreement on civil aircraft; In general results of a Uruguayan round of multilateral trade negotiations is the significant list including about 60 agreements, appendices, decisions and arrangements. Among them also huge list of the obligations of separate countries on special categories of the goods and services. They include the obligations on decrease to "zero" of the rates of the customs duties on import of the goods and establishment on them of limits. The Uruguayan round also for the first time has introduced in system WTO of the right of the intellectual property. Other number of the agreements is connected to various technical, bureaucratic or legal questions, which can be the reason of handicaps in trade: technical rules and standards; - import licensing; - rule by customs valuation of the goods; - inspection, further checks of import; - rule of an origin. The agreements also stipulate cases of a withdrawal from principles of preferring in trade in case of definition of dumping: - actions undertaken against dumping; - Grant and special "compensatory" duties with the purpose of indemnification subsidizing; - urgent trade restrictions, with the purpose of protection of the domestic manufacturers. At more detailed consideration of the agreements covering two largest spheres of trade - the goods and service It has the general plan consisting of three parts, even if in details they are various. |
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