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关于成立广西壮族自治区的议案

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关于成立广西壮族自治区的议案

全国人民代表大会常务委员会


关于成立广西壮族自治区的议案


壮族是我国人口最多的一个少数民族,人口有650多万,主要聚居在广西省西部和中部42个县的地区。1952年12月曾经建立了相当于行署一级的桂西壮族自治区,宪法公布后,1956年2月改为桂西壮族自治州,但是自治州级的自治地方和壮族在我国民族大家庭中的地位不相适应。根据中共中央的倡议,中共广西省委从1956年10月以来,就开始在各民族和各方面的代表人士和县、市的人民代表大会中进行了广泛的酝酿和讨论。今年3月和5月,中国人民政治协商会议全国委员会又曾经两次召开了专门的会议进行了充分的协商。
关于壮族自治区的区划范围问题,在广西省讨论的时候,曾经提出两个方案:一个是合的方案,即把广西全省改建为广西壮族自治区的方案;另一个是分的方案,即保留广西省的建制,管辖现在广西省的东部地区,另把广西省西部壮人为主的少数民族聚居地区划出来成立壮族自治区的方案。经过酝酿和讨论之后,大家均表示赞同第一个方案,即以广西全省改建为广西壮族自治区的方案。
国务院全体会议第五十一次会议讨论了这一问题,决定成立广西壮族自治区,撤销广西省建制,并且以原广西省的行政区域为广西壮族自治区的行政区域。关于成立时间和具体筹备事项,在得到全国人民代表大会批准之后,将由广西省人民委员会提出计划,报告国务院批准执行。
现在根据宪法第二十七条第十一款的规定,谨将关于成立广西壮族自治区一案提请大会批准。
国务院总理 周恩来
1957年7月4日




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上海海关关于对跨关区公路转关集装箱货物施加封志的管理办法(试行)

上海海关


沪关关于《上海海关关于对跨关区公路转关集装箱货物施加封志的管理办法(试行)》予以公告([2002]5号)


沪关公告[2002]5号

中华人民共和国上海海关
公  告

  为进一步加强对跨关区公路转关集装箱货物的监管,现将《上海海关关于对跨关区公路转关集装箱货物施加封志的管理办法(试行)》予以公告,自2002年9月1日起在吴淞海关、宝山海关试行。

  附件:上海海关关于对跨关区公路转关集装箱货物施加封志的管理办法(试行)

二OO二年八月二十一日



附件:

上海海关关于对跨关区公路转关集装箱货物施加封志的管理办法(试行)


  第一条 为了进一步加强对跨关区公路转关集装箱货物(以下简称转关集装箱货物)的监管,根据《中华人民共和国海关关于转关货物监管办法》的规定,制定本管理办法。
  第二条 本管理办法所称转关集装箱货物系指从上海海运口岸进境通过公路运输运往指运地并用集装箱装载的进口转关运输货物。
  第三条 转关集装箱货物向海关申报后,海关对同意转关的,在《中华人民共和国海关境内汽车载运海关监管货物载货登记簿》(以下简称《汽车载货登记簿》)上加盖“验讫章”,在提货单(或中转通知书)上加盖“放行章”和“加封章”后交收货人或其代理人。
  第四条 转关集装箱货物的收货人或其代理人凭海关已加盖“放行章”和“加封章”的提货单(或中转通知书),到港务部门办理提货手续。
  第五条 港务部门办理提货手续时,应根据海关要求打印专用的提箱凭证,提箱凭证上应注有“加封”字样。
  第六条 转关集装箱货物必须由经海关注册的车辆承运。承运车辆必须由符合海关要求的驾驶员驾驶。
  第七条 承运转关集装箱货物的车辆驶离海关监管场所时,必须走专用道口并接受海关检查。出道口时驾驶员应出示下列文件:
  (一)港务部门出具的提箱凭证;
  (二)《汽车载货登记簿》;
  (三)海关监管需要的其他文件。
  第八条 海关检查完毕后,对同意放行的,予以施加封志,并将封志号码批注在《汽车载货登记簿》上,同时加盖工号章,随后将《汽车载货登记簿》退交驾驶员。
  第九条 承运车辆发生突发事故,无法继续行驶等特殊情况,必须事先向海关提出书面申请,经海关核准后,方可更换承运车辆。
  第十条 海关在监管场所专用道口的检查、施封工作实行24小时工作制。港务部门应配合海关做好专用道口的检查、施封工作。
  第十一条 海关对不具备施封条件的特种集装箱,如框架箱、开顶箱等,不再施加封志。
  第十二条 本管理办法由上海海关负责解释。
  第十三条 本管理办法自2002年9月1日起试行。


Chapter VIII
Strengthening of the Multilateral System


Art. 23 of the DSU deals, as indicated by its title, with the “Strengthening of the Multilateral System”. Its overall design is to prevent WTO Members from unilaterally resolving their disputes in respect of WTO rights and obligations. It does so by obligating Members to follow the multilateral rules and procedures of the DSU. Art. 23 of the DSU reads:

“Strengthening of the Multilateral System
1. When Members seek the redress of a violation of obligations or other nullification or impairment of benefits under the covered agreements or an impediment to the attainment of any objective of the covered agreements, they shall have recourse to, and abide by, the rules and procedures of this Understanding.
2. In such cases, Members shall:
(a) not make a determination to the effect that a violation has occurred, that benefits have been nullified or impaired or that the attainment of any objective of the covered agreements has been impeded, except through recourse to dispute settlement in accordance with the rules and procedures of this Understanding, and shall make any such determination consistent with the findings contained in the panel or Appellate Body report adopted by the DSB or an arbitration award rendered under this Understanding;
(b) follow the procedures set forth in Article 21 to determine the reasonable period of time for the Member concerned to implement the recommendations and rulings; and
(c) follow the procedures set forth in Article 22 to determine the level of suspension of concessions or other obligations and obtain DSB authorization in accordance with those procedures before suspending concessions or other obligations under the covered agreements in response to the failure of the Member concerned to implement the recommendations and rulings within that reasonable period of time.”

In this section, to end this book, the author means to take a precise overlook on the nature of obligations under Art. 23 of the DSU as a whole by referring to two panels’ reports in part. In this respect, the Panel in US-Sections 301-310 (DS152) rules: 1
“On this basis [provision of Article 23], we conclude as follows:
(a)It is for the WTO through the DSU process - not for an individual WTO Member - to determine that a WTO inconsistency has occurred (Article 23.2(a)).
(b)It is for the WTO or both of the disputing parties, through the procedures set forth in Article 21 - not for an individual WTO Member - to determine the reasonable period of time for the Member concerned to implement DSB recommendations and rulings (Article 23.2(b)).
(c)It is for the WTO through the procedures set forth in Article 22 - not for an individual WTO Member - to determine, in the event of disagreement, the level of suspension of concessions or other obligations that can be imposed as a result of a WTO inconsistency, as well as to grant authorization for the actual implementation of these suspensions.
Article 23.2 clearly, thus, prohibits specific instances of unilateral conduct by WTO Members when they seek redress for WTO inconsistencies in any given dispute. This is, in our view, the first type of obligations covered under Article 23.
Article 23.1 is not concerned only with specific instances of violation. It prescribes a general duty of a dual nature. First, it imposes on all Members to ‘have recourse to’ the multilateral process set out in the DSU when they seek the redress of a WTO inconsistency. In these circumstances, Members have to have recourse to the DSU dispute settlement system to the exclusion of any other system, in particular a system of unilateral enforcement of WTO rights and obligations. This, what one could call ‘exclusive dispute resolution clause’, is an important new element of Members' rights and obligations under the DSU. Second, Article 23.1 also prescribes that Members, when they have recourse to the dispute settlement system in the DSU, have to ‘abide by’ the rules and procedures set out in the DSU. This second obligation under Article 23.1 is of a confirmatory nature: when having recourse to the DSU Members must abide by all DSU rules and procedures.
Turning to the second paragraph under Article 23, Article 23.2 - which, on its face, addresses conduct in specific disputes - starts with the words ‘[i]n such cases’. It is, thus, explicitly linked to, and has to be read together with and subject to, Article 23.1.
Indeed, two of the three prohibitions mentioned in Article 23.2 - Article 23.2(b) and (c) - are but egregious examples of conduct that contradicts the rules and procedures of the DSU which, under the obligation in Article 23.1 to ‘abide by the rules and procedures’ of the DSU, Members are obligated to follow. These rules and procedures clearly cover much more than the ones specifically mentioned in Article 23.2. There is a great deal more State conduct which can violate the general obligation in Article 23.1 to have recourse to, and abide by, the rules and procedures of the DSU than the instances especially singled out in Article 23.2.
Article 23 interdicts, thus, more than action in specific disputes, it also provides discipline for the general process WTO Members must follow when seeking redress of WTO inconsistencies. A violation of the explicit provisions of Article 23 can, therefore, be of two different kinds. It can be caused
(a)by an ad hoc, specific action in a given dispute, or
(b)by measures of general applicability, e.g. legislation or regulations, providing for a certain process to be followed which does not, say, include recourse to the DSU dispute settlement system or abide by the rules and procedures of the DSU.”
Furthermore, as to Art. 23 of the DSU, the Panel in US-Import Measures (DS165) confirms the ruling developed in US-Sections 301-310, and states: 2
“The Panel believes that the adopted Panel Report on United States - Sections 301-310 of the Trade Act of 1974 (‘US - Section 301’) has confirmed the crucial importance that WTO Members place on the dispute settlement system of the WTO, as the exclusive means to redress any violations of any provisions of the WTO Agreement. This fundamental principle is embedded in Article 23 of the DSU: …
An important reason why Article 23 of the DSU must be interpreted with a view to prohibiting any form of unilateral action is because such unilateral actions threaten the stability and predictability of the multilateral trade system, a necessary component for "market conditions conducive to individual economic activity in national and global markets" which, in themselves, constitute a fundamental goal of the WTO. Unilateral actions are, therefore, contrary to the essence of the multilateral trade system of the WTO. As stated in the Panel Report on US - Section 301:
‘7.75 Providing security and predictability to the multilateral trading system is another central object and purpose of the system which could be instrumental to achieving the broad objectives of the Preamble. Of all WTO disciplines, the DSU is one of the most important instruments to protect the security and predictability of the multilateral trading system and through it that of the market-place and its different operators. DSU provisions must, thus, be interpreted in the light of this object and purpose and in a manner which would most effectively enhance it.’
The structure of Article 23 is that the first paragraph states the general prohibition or general obligation, i.e. when Members seek the redress of a WTO violation, they shall do so only through the DSU. This is a general obligation. Any attempt to seek ‘redress’ can take place only in the institutional framework of the WTO and pursuant to the rules and procedures of the DSU.
The prohibition against unilateral redress in the WTO sectors is more directly provided for in the second paragraph of Article 23. From the ordinary meaning of the terms used in the chapeau of Article 23.2 (‘in such cases, Members shall’), it is also clear that the second paragraph of Article 23 is ‘explicitly linked to, and has to be read together with and subject to, Article 23.1’. That is to say, the specific prohibitions of paragraph 2 of Article 23 have to be understood in the context of the first paragraph, i.e. when such action is performed by a WTO Member with a view to redressing a WTO violation.
We also agree with the US - Section 301 Panel Report that Article 23.2 contains ‘egregious examples of conduct that contradict the rules of the DSU’ and which constitute more specific forms of unilateral actions, otherwise generally prohibited by Article 23.1 of the DSU.
‘[t]hese rules and procedures [Article 23.1] clearly cover much more than the ones specifically mentioned in Article 23.2. There is a great deal more State conduct which can violate the general obligation in Article 23.1 to have recourse to, and abide by, the rules and procedures of the DSU than the instances especially singled out in Article 23.2.’
The same Panel identified a few examples of such instances where the DSU could be violated contrary to the provisions of Article 23. Each time a Member seeking the redress of a WTO violation is not abiding by a rule of the DSU, it thus violates Article 23.1 of the DSU.
In order to verify whether individual provisions of Article 23.2 have been infringed (keeping in mind that the obligation to also observe other DSU provisions can be brought under the umbrella of Article 23.1), we must first determine whether the measure at issue comes under the coverage of Article 23.1. In other words, we need to determine whether Article 23 is applicable to the dispute before addressing the specific violations envisaged in the second paragraph of Article 23 of the DSU or elsewhere in the DSU.
Article 23.1 of the DSU provides that the criterion for determining whether Article 23 is applicable is whether the Member that imposed the measure was ‘seeking the redress of’ a WTO violation. …
The term ‘seeking’ or ‘to seek’ is defined in the Webster New Encyclopedic Dictionary as: ‘to resort to, … to make an attempt, try’. This term would therefore cover situations where an effort is made to redress WTO violations (whether perceived or WTO determined violations). The term ‘to redress’ is defined in the New Shorter Oxford English Dictionary as ‘repair (an action); atone for (a misdeed); remedy or remove; to set right or rectify (injury, a wrong, a grievance etc.); obtaining reparation or compensation’. The term ‘redress’ is defined in the New Shorter Oxford English Dictionary as: ‘reparation of or compensation for a wrong or consequent loss; remedy for or relief from some trouble; correction or reformation of something wrong’. The term 'redress' implies, therefore, a reaction by a Member against another Member, because of a perceived (or WTO determined) WTO violation, with a view to remedying the situation.
Article 23.1 of the DSU prescribes that when a WTO Member wants to take any remedial action in response to what it views as a WTO violation, it is obligated to have recourse to and abide by the DSU rules and procedures. In case of a grievance on a WTO matter, the WTO dispute settlement mechanism is the only means available to WTO Members to obtain relief, and only the remedial actions envisaged in the WTO system can be used by WTO Members. The remedial actions relate to restoring the balance of rights and obligations which form the basis of the WTO Agreement, and include the removal of the inconsistent measure, the possibility of (temporary) compensation and, in last resort, the (temporary) suspension of concessions or other obligations authorised by the DSB (Articles 3.7 and 22.1 of the DSU). The latter remedy is essentially retaliatory in nature.”



【NOTE】:
1. See, in detail, WT/DS152/R/7.38-7.46.
2. See, in detail, WT/DS165/R/6.13-6.23.



List of References

1 Sources of Legal Texts: http://www.wto.org; WTO Secretariat: The WTO Dispute Settlement Procedures (Second Edition), CAMBRIDGE UNIVERSITY PRESS, 2001.