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Game And Coordination Reconstruction Of International Economic Legal System Under WTO

Posted on:2005-01-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:G Y ZhangFull Text:PDF
GTID:1116360122985018Subject:International law
Abstract/Summary:PDF Full Text Request
This dissertation intends to explore the nature of "the WTO legal system"-game and coordination by analyzing in depth and demonstrating its structure and system. It also reveals the WTO legal system's strong points and weaknesses and its developing trend in view of international economic development and changes in the relationship between international law and domestic law, then, proposes to redefine and rethink the concept of international economic law with development of law and international economy. Finally, it gives some suggestions on not only to adapt to WTO rules but also take advantage of WTO rules for the economic development after China's WTO accession.There are two main lines of analysis and deliberation, in this dissertation. One is about development of "the WTO legal system", including the evolution from GATT to WTO, new topics in the WTO's new round negotiation, development in its content and way of adjustment etc. The other one is about game and coordination which ranges from game and coordination between free trade and trade protection, international law and domestic law, developed countries and developing countries to game and coordination between trade and the other three fields, namely investment, finance and intellectual property.The main aim of this dissertation is to seek the nature of "the WTO legal system", analyze the legal reflection of changes in international economic relationship, reset the system of international economic law, clarify some wrong ideas and give some suggestions for improvements in China's international economic law, especially for adaptation and utilization of WTO rules.Regarding the research methods, the dissertation seeks the innovation on legal research methods, besides the basic ways, for example the comparative way, in order to broaden the angel in the field of legal research. For instance, it tries to explore the relationship between economy and law in the view of jurisprudence as well as the relationship between international relation and law in the view of philosophy.The dissertation can be divided into 4 parts in general. They are Introduction (Background), Part I (A general Analysis of "the WTO legal system"), Part II (An analysis of game and coordination) and Conclusion (Resetting international economic law and measures to be taken after China's WTO accession). There are about 160,000 characters in total. Details as follows:Chapter One is the Introduction, mainly introducing the research background of the whole dissertation: globalization and its relationship with the WTO. It first discusses the nature of economic globalization. Economic globalization is reflected in the closer economic and trade relationship between countries and closer interactions among all kinds of economic activities,including international trade, international investment, and international finance, etc., which leads to changes in national economic management patterns and their corresponding legal systems. It then pointes out the fact that it was the GATT system that met requirements of economic globalization and pushed forward the development of economic globalization, which resulted in the establishment of the WTO. In the same way, closer communications between international trade and international investment, international finance are bound to push forward development of the WTO and there is no doubt that trade, investment and finance relationship between countries can be coordinated with the assistance of the WTO.Part I is made up of Chapter TWO and Chapter THREE, which shows us a general idea about formation and development of the WTO system and mainly analyzes the nature of "the WTO legal system".In Chapter TWO, you will find this dissertation's research base: formation and development of the WTO. Firstly, it introduces the history of WTO: GATT's achievements. It was GATT's efforts that made it possible to coordinate the trade relationship by the multilateral system. Secondly, it depicts the general idea of the WTO legal system. Although its philosophic concept of "r...
Keywords/Search Tags:Economic Globalization, WTO, Game and Coordination, Free Trade, International Economic Law, Reset
PDF Full Text Request
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