想要获得最佳的阅读体验?免费下载FT中文网iPad应用程序,全球财经精粹尽在掌握!
@FT中文网【“谷歌可向世贸组织申诉中国歧视”】一些西方律师称,谷歌和美国政府可以向世贸组织起诉中国,指中国违反了它在《服务贸易总协定》中的承诺,歧视谷歌这样的国外服务。但现在的问题是,美方是否想对中国提起又一宗诉讼,从而加剧双方贸易关系的紧张?
2010年01月14日 07:59 AM

LAWYERS DEBATE CASE FOR DISCRIMINATION

背景
中文 评论 打印 电邮 收藏
 

Lawyers said that Google and the US might have a legal basis for suing China at the World Trade Organisation, a move that would further strain trade relations between Washington and Beijing.

Over the past year, each government has brought a string of emergency trade restrictions and legal cases against the other. Last month, the WTO appeals body handed the US a victory, upholding an earlier ruling that China had broken WTO rules by requiring foreign companies to use Chinese distributors for music, books and films, including products delivered online.

The US could argue that Beijing's censorship in effect discriminated against foreign services such as Google, contrary to its commitments under the General Agreement on Trade in Services (Gats).

“If China imposes harsher web filtering restrictions on Google than on local search engines, such as Baidu, Google may have a WTO discrimination claim,” said David Spooner, a former assistant secretary of commerce in the George W.Bush administration, now at the law firm Squire Sanders & Dempsey.

The outcome of a case would depend on how a WTO dispute resolution panel classified search engines. Much of the WTO law addressing internet services and online products is unclear. The last global trade agreement was negotiated in the early 1990s when the technology was in its infancy. But trade experts said a succession of rulings had narrowed governments' room for manoeuvre, and particularly their ability to use national security or the protection of public morals as defence for censoring words and images on the web.

Gary Horlick, a leading international trade lawyer, said: “We will have to know a lot more about the facts, especially what the [Chinese] government is doing, but the Gats has a lot of unex­plored obligations which might protect Google.”

The remaining question is whether the US government would want to bring yet another case against Beijing. The US trade representative's office was unavailable for comment. But Hosuk Lee-Makiyama, a fellow at the European Centre for International Political Economy, a think-tank, said: “The Obama administration has made a priority out of enforcing existing trade agreements, and [US trade representative] Ron Kirk has emphasised the importance of the digital economy and protectingint­el­lectual property rights.”

艾伦•贝蒂上一篇文章:

分析:中国缘何不愿重蹈日本汇率覆辙 2009-12-02

您可能感兴趣的文章:

中国央行筹建清算银行间在线支付平台 2010-04-28
谷歌冲击波:中国在美企业面临严审 2010-01-15
从谷歌事件谈起 2010-01-15
本文涉及话题:谷歌 谷歌与中国 网络审查 WTO
排序: 评论总数
[查看评论]
未经英国《金融时报》书面许可,对于英国《金融时报》拥有版权和/或其他知识产权的任何内容,任何人不得复制、转载、摘编或在非FT中文网(或:英国《金融时报》中文网)所属的服务器上做镜像或以其他任何方式进行使用。已经英国《金融时报》授权使用作品的,应在授权范围内使用。
就本文发表看法或联系编辑部,请电邮至 editor@ftchinese.com