| Summary: | 碩士 === 東吳大學 === 法律學系 === 94 === This thesis “A Study of the Generalized System of Preferences Granting to Developing Countries in the European Union.” can be divided into seven parts. As the first chapter is an introduction and the last chapter a conclusion., the main body of this thesis starts from Chapter Two focusing on the historical development of Generalized System of Preferences (“GSP”) in the European Union (“EU”) and the noticeable process and results of conflicts between India and the European Community (“EC”).
Chapter One includes the motivation and purpose of this research, the methodology, the restriction under this title, a simplified description of the references, and the framework of the thesis. Chapter Two discusses the EC GSP system in the international framework. It begins with a brief review of the background and evolution of GSP regime, and then focuses on the EC GSP scheme, detailing the contents of its current GSP scheme. Chapter Three and Chapter Four discuss the context of the dispute brought by India to the Dispute Settlement Body (“DSB”) of the World Trade Organization (“WTO”) in 2002. Chapter Three explains the panel report of the India-EC dispute and Chapter Four the report made by the Appellate Body. In the dispute, India accuses the EC of the inconsistency of WTO rules on the special arrangement combating drug production and trafficking (the “drug arrangement”) under its GSP scheme（so-called EC-Tariff Preferences Disputes）. The two chapters respectively specify the arguments of parties, the reasoning and final decision on the dispute. At the last section in either chapter, there are commentaries on the legal viewpoints and positions of panel and Appellate Body, based on comments and essays made by academics and legal counsel. Due to the results of the decisions both in favor of India, the dispute brings about the issue of enforcement. Therefore, Chapter Five first concentrates on the decision made by the arbitrator, who is enabled to decide the reasonable period of time to implement the recommendations of panel or Appellate Body. After the arbitration, the EC adapted a new Regulation dealing with a new GSP scheme so as to implement its obligation. The whole new scheme is planning to enter into force on 1 January 2006 except one part of special incentive arrangement already enforced on 1 July 2005. There comes an overview of the EC new GSP program and a brief comparison of the content between the new GSP scheme and the old one.
After studying the India-EC dispute, the subject in Chapter Six is more discussions and analyses of some other issues about GSP. Some of those issues may still be existing in the system, and some others may be predicted in the coming future.
Chapter seven draws a general conclusion, since there IS a legal explanation for the first case which substantially dealt with the GSP issue in WTO, it is worthwhile for every member in WTO specially our government, who is a new member of WTO and is planning to be a preference-giving country, to pay attention and make reference to the dispute.
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