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The EC amended the New Commercial Policy Instrumant(Reg.
No.2641/84) by legislating new regulation to implement
obligations of WTO agreement after the GATT Uruguay Round. This
new regulation is the Council Regulation No.3286/94(hereinafter
Reg.3286/94) discussed in this dissertation. In addition import
relief and more effective export relief function, Reg.3286/94
also has the objective of market-opening strategy and may
maintain normal competition on the market of a third country to
wipe out barriers of market access. When considering "obstale to
trade" of a third country and its impact to the Community
industry or enterprise, Reg.3286/94 sets up a universal standard
that is in accordance with the international trade rules, Even
under international obligations, the EC can deliver its trade
dispute with the third country to the international dispute
settlement procedure concerned by enforcing Reg.3286/94
procedure to deal with such conflict. Therefore, Reg.3286/94
provides the individual, Community industry and Community
enterprise, according to the international rules, an access to
the international procedures claiming for relief indirectly. The
EC shall not take unilateral retaliative measures against the
third country; however, it shall obey the international rules
and the results of international procedure within multilateral
trade system. Furthermore, Reg.3286/94 is applied not only to
traditional trade in goods but also to newly-developed trade in
services, especially in cross-frontier supplies not involving
any movement of persons.The above-mentioneddescriptions show a
special feature of Reg.3286/94 and its difference with a state's
trade law. These descriptions reveal that the EC's endeavour to
perform international rules and obligations and its attitude
adjusting various interests between the Community and the third
countries coexist with futher economic integration for promoting
the EC business competitiveness as well. Consequently, it is
optimistical for this thesis that if Reg.3286/94 can be properly
enacted by the EC, the multilateral trade system will continue
to evolve into a legalism that secure the international trade
rules.
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