On The Principle Of Proportionality In WTO Law

To the principle of proportionality in WTO law, this dissertation mainly reviews provisions of legal texts and related judicial practices that contain the principle of proportionality, and discusses the function, status and prospect of the principle of proportionality in WTO law.In introduction part, the origin, definition and significance of the theme is introduced, academic history is reviewed, and scope of research, the major issues to be explored, and the research methods are put forward.In first Chapter, Firstly, this dissertation clarifies the meanings of the principle of proportionality from history angle, rinciple of proportionality deals with the relationships of means and ends, and requires that proper relationships between them be kept, and the fundamental idea of it is to balance the conflict interests; Secondly, the reviews on principle of proportionality in German law and American law show it exists in two families of law; Then, this dissertation expounds the contents, applications and relationships of the principle of proportionality with related principles; Finally, this dissertation indicates the principle of proportionality exists in international law and is overspreading in its branches.As the basis of further research on the function and status of the principle of proportionality in WTO Law, the author reviews the provisions of legal texts and related judicial practices that contain the principle of proportionality in details, and corroborates the existence of it in WTO law in Chapter 2. In legal texts, the wordings of"least trade restriction","necessary","equivalent"et seq. embody the principle of proportionality; In judicial practices, the principle of proportionality especially requires that trade restriction can't be excessive for other legitimate objectives, and balance free trade and other interests.In Chapter 3, the article demonstrates the important function of the principle of proportionality and its spirit to new agreements and their development in WTO lawmaking, and the principle of proportionality is a tool to overcome dilemma in lawmaking. Judicial applications of the principle of proportionality develop WTO law and the principle of proportionality should exert its function in judicial review of Dispute Settlement Body of WTO, and may control trade protectionism and keep within limits for abuse of rights by WTO members. In the retaliatory system of WTO,...