Globalization Of Law The Meaning Of Research

Economic globalization, accelerated from the late 20th century, has some features different from former international economic interaction and has become a trend. The multilateral trade legal system with its organizational foundation - World Trade Organization (WTO) established in Uruguay Round multilateral negotiation has much more development than General Agreement of Tariffs and Trade (GATT). Since abovementioned features, some scholars point out that WTO legal system is a kind of development mode and direction of international law in globalization era and may be described as globalization of law.Through detailed analysis on WTO legal system, the author tries to clarify the meaning of globalization of law in the background of economic globalization. The thesis of this dissertation is: besides being a course of unification of different nations' trade legal systems, WTO legal system has admitted the independent function and value of other actors including, inter alia, nation-state and accordingly has such rules and institutions as respecting the sovereignty of nation-states, which may cause variety and diversity in the implementation of WTO legal system. From this point of view, the formation and development of WTO legal system is not only a course of globalization of law but also a struggle of nation-states to accommodate development of economic globalization into its framework. During this process, full participation of countries with different levels of economic development is crucial for WTO legal system to meet the need and take the challenge of globalization. This dissertation includes five chapters, in addition to the Preface, Conclusion.Chapter 1 will, based on an outline of the definition, character, technical and institutional basis of economic globalization, an brief introduction to some main theories of globalization of law and basic framework of WTO legal system, discuss in detail rules and institutions of WTO legal system which reflect and ensure the course of globalization of law.Chapter 2 will argue some scholars' understanding on and interpretation of globalization of law represented by WTO legal system and try to prove the inevitability of preservation of legal diversity and acknowledgement of other valuesexcept economic freedom in WTO legal system. Beside these, this chapter illustrates in detail rules and institutions of WTO legal system to verify the abovementioned argument.Chapter 3 will, by a case study - analysis on the formation and adoption of the Declaration on the Trade-Related Aspects of Intellectual Rights (TRIPS) Agreement and Public Health in Doha Ministerial Conference, illustrate and comment different opinions of developed and developing members as well as the real process of allocation of power between market and nation-states in the background of economic globalization.Chapter 4 will try to analyze globalization of law represented by WTO legal system from a different angle: members' attitude toward the domestic effect of WTO agreements. Based on study on some leading WTO members' attitude, this chapter tries to point out the power of nation-states is still great and WTO legal system has not yet realized globalization of its legal effect, though WTO legal system has been promoting the development of economic globalization.Chapter 5 will focus on the reality and development of WTO decision-making and judgment system in the circumstance of economic globalization. Based on foresaid conclusion, this chapter will argue that only when full participation on the development of WTO legal system by all WTO members is ensured, can WTO legal system harmonize different interests and needs among market, nation-states and society and promote globalization of law fairly.