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Wto Supervision Mechanism

Posted on:2002-04-16Degree:DoctorType:Dissertation
Country:ChinaCandidate:J Q ZhangFull Text:PDF
GTID:1116360065450384Subject:International law
Abstract/Summary:PDF Full Text Request
In order to keep and promote Members to adhere to the rules of WTO, the WTO Agreements have established surveillance mechanism. The surveillance mechanism is an important integral part of the whole functioning system of WTO. The importance of the surveillance to the enforcement of WTO Agreements and the reality of China be going to enter into WTO implies the importance of the research to the surveillance of WTO, but so far such a research has many great deficiencies, especially lack of a systematic research.The thesis tries to research the surveillance mechanism of WTO systematically on the basis of the existing research. The whole thesis consists of introduction, conclusion and four chapters."Introduction" sets forth importance of the surveillance mechanism to the realization of the tenet of WTO and the importance of such a research and introduces the basic content, basic structure and the main viewpoint.Chapter 1 recalls the surveillance mechanism of GATT. The research of the surveillance mechanism of GATT is the basis of the research of the surveillance of WTO.Chapter 2 analyzes macroscopically the basic issues of the surveillance mechanism of WTO, including objective and object of the surveillance, subject and bodies of surveillance, surveillance procedures and their structure. Such elements form the structural system of the surveillance mechanism of WTO. The establishment of such a structural system helps us to systematic understanding of the surveillance mechanism of WTO.Chapter 3-6 discuss the international procedures under the WTO system in succession, which are transparency procedure, general review procedure (GRP) of administrative bodies, trade policy review mechanism (TPRM) and dispute settlement mechanism. The four chapters are the core of the thesis, which set forth the status of the respective procedures in the whole surveillance mechanism, analyze the characteristics of respective procedures from their application and functioning, anatomy the problems of the procedures and make suggestions to the improvements of these procedures. In Chapter 3 and Chapter 6, surveillance procedures, namely, domestic transparency and domestic judicial review are also compared with international surveillance procedure.In the whole, the surveillance mechanism of WTO has comparatively self-contained surveillance procedures. The surveillance by TPRB, surveillance by administrative bodies and surveillance by DSB are independent from each other in the legal sense. These procedures have their own respective characteristics in their application and form a organic integer.Compared with the surveillance mechanism of GATT and that of other international economic organizations, the surveillance mechanism of WTO has its own characteristics in many aspects and has been functioning well since the establishment of WTO in 1995. However, Analyzing the surveillance system and its functioning, we can still find a number of deficiencies in the surveillance mechanism of WTO, which need to be improved. The thesis has researched these problems and makes suggestions in many aspects for the improvements of the surveillance mechanism of WTO.
Keywords/Search Tags:WTO, surveillance mechanism, performance of obligation
PDF Full Text Request
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