在美國與中國雙邊關係中,貿易一向是促進雙方關係發展之催化劑,但隨著雙方貿易往來的密集與活躍,越來越多關於貿易的爭論與糾紛亦因此產生。舉例來說,目前中國第一大貿易夥伴和出口國為美國,根據美國商務部資料,去年(2011)雙方貿易額突破五千億,達到5,033億美元;然而美國對中國的貿易赤字亦成長至2,954億美金,達到歷史新高。雙方因此屢屢在貿易議題上爭論不休,使得貿易戰多次成為可能。因此,如何避免貿易戰的發生,並維持穩定的經貿關係就端視國家之間如何解決貿易歧見。本文因此欲檢視美中雙方於世貿組織(World Trade Organization)爭端解決機制(Dispute Settlement Body)之下,對於國家貿易衝突的解決,並以雙方就中國輸入美國輪胎一案為個案研究,期望能藉由分析雙方於DSB機制下爭端協商過程, 進而瞭解世界貿易組織對於國家談判進程之影響。
In addition to human rights, trade issues have been considered one of the most sensitive issues in U.S.-China relations. Following with their close and active trade contacts and exchanges, more and more trade disputes have occurred. For example, now the United States is the largest trading partner of China; according to the data from US Department of Commerce, the bilateral trade amount was $503 billion in 2011. However, US trade deficit with China also reached $295.4 billion. The two countries therefore have had serious debates on trade issues. How to avoid the occurrence of trade war depends on their negotiation. Therefore, this paper attempts to examine their trade bargaining under the WTO regime to see the resolution of states' trade disputes. As there are many trade conflicts happened between the two countries, this paper will take the negotiation on Chinese car tires as a case study. This study aims to observe closely states' bargaining under the WTO by means of analysing the process of their negotiation and consultations.