Horng, Der-Chin; (1995) Legal Aspects Of EC External Trade Relations With Taiwan. Doctoral thesis (Ph.D), UCL (University College London).

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Abstract

This thesis will examine legal problems brought about by the EC trade policies towards Taiwan. The concentration is on the external dimension of EC trade protective measures regarding the Common Agricultural Policy and the textiles sector. The reciprocity clause contained in the Second Banking Directive of 15 December 1989 (89/646/EEC) will also be discussed. The EC has never recognized Taiwan and has therefore never maintained formal trade relations, nor relations using other diplomatic channels. For many years the EC has governed its trade relations with Taiwan on an unilateral basis. Moreover, Taiwan has been always excluded from the EC generalized system of preferences. In many areas, Taiwan's exports such as preserved mushrooms, textiles and other manufactural products are then negatively affected in the EC market. Taiwan feels discriminated against particularly in comparison with its main competitors: other newly industrialized countries. The enforcement of reciprocity is on an arbitrary basis by the EC. The EC considered that EC banking institutions only enjoy a limited degree of market access in Taiwan. Therefore, reciprocity may be applied as a means by the EC to open up Taiwan's banking market. This thesis will comprise one Introduction and six Chapters. Introduction gives a general review of EC-Taiwan trade relations. Chapter 1 investigates the nature of international trade and the evolution of international trading system. It also examines Taiwan's economic development and the interplays between Taiwan and the GATT. Chapter 2 reviews EC trade policy and its external impacts on third countries in general and on Taiwan in particular. Chapters 3 to 5 concentrate on legal issues of EC trade relations with Taiwan. Chapter 3 discusses EC Common Agricultural Policy with special reference to Taiwan's export of preserved mushrooms to the EC. Chapter 4 goes into the EC textiles policy and its effects on Taiwan. Chapter 5 is devoted to EC-Taiwan trade in banking services. Chapter 6, the concluding part of the thesis, proposes possible changes to EC trade policies. In conclusion the candidate refers to the GATT multilateralism for EC-Taiwan trade cooperation.

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