Research on the International Export Credit Law
|School||China University of Political Science|
|Keywords||International export credit law Export credit Berne Union OECD WTO MIGA|
Export credit is a country to support and expand the export of their large machinery and equipment, to strengthen the international competitiveness of the country's export credit agency, through direct loans with lower interest rates to their exporters or foreign importers (or banks), or by providing guarantees, insurance, or interest rate subsidies to encourage domestic commercial banks to provide medium and long-term loans to its exporters or foreign importers (or banks), domestic exporters are facing liquidity problems, or meet foreign importers of domestic exporters payment needs a mode of financing. With the modern international economic and trade development, export credit alternative to other trade protection policies, especially tariff policy to promote their merchandise exports and foreign investment, a policy tool to achieve national economic and political and diplomatic strategy. However, countries compete for exporters to provide loans to lower credit interest rates and a longer credit period is a \break the harmonious international society into chaos. Financing of export credit by promoting merchandise exports and foreign investment has become a measure to distort world trade liberalization, intensified world or regional economic crisis. In order not to make the national export credit policies in vain, that does not so vicious competition and lead to the implementation of export credit policy of the country lose-lose, countries were forced to come to the negotiating table, take international action seeking to coordinate their export credit policies . Berne Union, OECD, WTO and MIGA is a form of organization of the international coordination of national export credit policy, reached in the framework of these international institutions, international export credit harmonizing legislation is the legal regulation of national export credit policy weapon. In today's economic globalization, trade liberalization, and national economies ever closer context of the times, there is an urgent need to strengthen international export credit law. Adjust the object of international export credit law, the origin of the form, and the evolution of history, is the basic theory of the law of international export credit problems, is the premise and foundation of the study of international export credit. Adjust the object of the law of international export credit international export credit relationship, this relationship between countries, national official or semi-official export credit agencies, as well as between countries with official or semi-official export credit agency formed to export credit financing, insurance or guarantee for the contents of a legal relationship. International treaties such as the WTO SCM Agreement and the Agreement on Agriculture is one of the important sources of export credit law in international law origins of international export credit of most still contains among international practice or customary international Berne Union general understanding \International jurisprudence, especially the WTO Dispute Settlement Body's ruling, although only as an international export credit law a secondary or auxiliary origin, but the formation and development of the law of international export credit plays a very important role. International export credit law as a department of the international law, is the monopoly stage of capitalism in the early 20th century after the product is generated with the generation of national export credit policy. Its emergence and development in general experienced exploration of the early 20th century, the innovative three stages of development in the late 20th century and the turn of the century. Exploratory stage is characterized by: only international coordination of the Berne Union of export credit policy, and has not achieved substantial results. Stages of development: increase in international organizations engaged in international export credit law and unified the existing Berne Union also OECD, WTO and MIGA; outcome of the Uniform Law rich, origin, both international practice there are international treaties content covering both merchandise exports involving foreign investment. Innovation stage of the features is: international export credit method of richer and perfect regulate export credit of the unified law to export credit-related international anti-corruption and international environmental protection field expansion, regulatory system of overseas investment insurance of a unified method also to the IT CUP new areas of expansion; international export credit law system is taking shape. Berne Union is the earliest form of the international coordination of national export credit policy. Due to the confidentiality rules of the Berne Union, many of the rules of the Berne Union has still not known. Veil of confidentiality rules do not completely cover live the true face of the Berne Union rules, people can still excavated some of the confidentiality rules of the Berne Union, for people to share research these rules. This is the \\For example, it stipulates that the capital goods export credit be repaid over a maximum period of five years. \This has exposed the weakness of the Berne Union on the coordination of export credit policy. \The Memorandum of Understanding is a typical representative of the Berne Union to adapt to the trend of economic globalization, innovation and international export credit rules. The rules of the Berne Union is the evolution of customary international law, international practice, is to obtain the status of international law. Berne Union rules of the legally binding force of the national export credit agencies, from the practical nature of the Berne Union, the cultural identity of the \The Berne Union legislative bodies, \The OECD is the second form of organization in the international coordination of export credit policy. Because of the status of the Berne Union's own weakness and credit insurance person, so that it can not play an effective role in the coordination of medium-and long-term export credit policy, and therefore this important mission falls on the body of the OECD. The most important results achieved by the OECD, is \The arrangements not only borrowed the basic framework of the rules and procedures of the Berne Union, and inherited the the vital technical rules in the rules of the Berne Union. According to the latest version of the 2004 \The main agreement provides that the export credit interest rate, duration, proportion of financing, insurance or guarantee ratio, as well as their components, important annex to the main provisions of the special ships, nuclear power plants, civil aircraft capital goods export credit discipline. OECD a still export credit international environmental protection and international anti-corruption made two important results, namely the environment and officially supported export credit co-development \. These two documents show that the OECD range of legal unification has been extended from the original pure field of export credit to the export credit, such as environment, anti-corruption, and other fields. The OECD agreement originally did not have the binding force of the law, but because the participants or non-participants by continuing to honor and in fact have the binding force of the law. The OECD agreement has been similar to that of the international law of nature, and even in some cases has been elevated to a truly international legal status. The legal effect of the OECD agreement from its own gradual reform process, unique operational procedures and loose form origin and other characteristics. The OECD currently reached the main negotiating forum of the international export credit Uniform Law, but the OECD club of the few Western countries, formation rules necessarily a reflection of the will of developed countries, to safeguard the interests of developed countries tool. The developing countries must seek to establish a negotiating forum of consultation on an equal footing with the developed countries, international export credit unified method to develop an ability to reflect and embody the will and interests of the developing countries. The WTO is the third form of organization in the international coordination of export credit policy. Export credit is actually a kind of export subsidies. The judge an export credit measures referred to in the WTO Agreement on Subsidies \The main outcome of the WTO international coordination of the SCM Agreement and the Agreement on Agriculture. \But these provisions provided by the government or official export credit insurance or guarantee scheme has not reached the specific constraints discipline and concessions in this case applies to the OECD \\terms, then export credit practices in line with the international commitments should not be treated as export subsidies are prohibited by this Agreement. Brazilian aircraft export financing project case \The legal system of being. Agreement on Agriculture, the definition and types of agricultural export subsidies, general discipline, reduction commitments and the anti-circumvention provisions makes provision, thus its Article 10, paragraph 2, pending the development of regulations on agricultural export credit rules, does not mean that agriculture export credit rules to follow. This has been confirmed by the U.S. cotton export subsidies - Measures. Reform of the WTO international export credit rules in the Doha negotiations has made new achievements, members agree to the export credit repayment period of more than 180 days, and the repayment period is equal to or less than 180 days, the export credit but with rules to be reached does not match the terms and conditions, will be canceled before the termination date to be agreed. WTO unified method of formation of the international export credit law has entered a new stage in multilateral international treaty law-making, but in practice it is quite difficult to show that the Uniform Law on the formation of international export credit through multilateral international treaties, because the developed countries as well as between developed and developing there are sharp contradictions and struggles between the countries. MIGA is the the fourth organizational forms in the international coordination of export credit policy. Overseas investment insurance is a vital part of the medium-and long-term export credit insurance, but it is the medium-and long-term export credit insurance and different: the medium-and long-term export credit insurance, general merchandise, and overseas investment insurance object is a special commodity ( capital). Thus, overseas investment insurance is a special kind of long-term export credit insurance. Overseas investment, especially investment in large-scale projects (often accompanied by large-scale export of equipment) cycle is long, slow effect, often need the support of the national credit. MIGA by directly underwriting overseas investors may face a variety of means of political risk, providing advance protection for the interests of investors. MIGA Eligible policyholders eligibility host country, the proper investment of coverage is difficult to compare the advantages of any country's official export credit insurance agency, but it also has its own pitfalls. This determines the MIGA is not to compete with the country's official export credit insurance agency, but provide a useful complement to these institutions. MIGA members have \MIGA's future development emphasizes the development of the so-called \Thus the MIGA pursuit not only market share, but focus more on their own development goals as well as other types of international investment insurance agencies to fill a vacancy and the leading role, and jointly promote the development of investment. Trends and the revelation of the law of international export credit, Research the foothold and destination of the international export credit law. The basic trends of the international export credit law, international export credit law system as an important branch of international economic law is gradually taking shape. Performance: the growing number of international organizations engaged in international export credit law and unity; bring the the origin of the law in the form of international export credit was diversity development; the law adjustment range of international export credit gradually be extended to other areas of the export credit; international export credit rule and innovation increasingly advancing to deeper; the international convention origins of the international export credit law gradually to the evolution of customary international law; engaged in the research and the diversity of the international institutions of the the unified international export credit law, making international export credit rules between inevitably implies conflict. The formation and development of the law of international export credit has important implications for China. Performance: China must develop their own domestic export credit law as soon as possible, and should adopt specific legislation mode; China must strengthen the study of the OECD \the OECD export credit legislative process in a timely manner to reflect the will and interests of the developing countries; China WTO within the scope of the OECD \measures to promote the country's merchandise exports and foreign investment.