Font Size: a A A

The Principle Of Transparency Of WTO: Implication, Development And Impact

Posted on:2011-09-23Degree:DoctorType:Dissertation
Country:ChinaCandidate:X L QuanFull Text:PDF
GTID:1116360305953761Subject:International Law
Abstract/Summary:PDF Full Text Request
The Principle of Transparency is a basic tenet supporting the development of WTO, which is an inheritance from the framework of GATT. Most-favored-nation-treatment, National treatment and Transparency are believed to be three core foundation of WTO. Transparency is mainly prescribed in Art. X of GATT1994, and similar rules can also be discovered in other protocols, understandings and agreements, include those are inferred with trade of intellectual property and trade of service. This paper is designed to go from the birth of principle of WTO Transparency, analyze the history conditions of the development, pursue the changes and the propose of those who make these changes, dissect the mechanism of how Transparency works to fight against trade protection and concentrate on the conflict between transparency and local culture and then find out the changes of rules, systems and institutions.The introduction contains definition and cultivation of Transparency. There are also some indexes here which the author thinks them of importance.The first chapter treats the idea of Transparency and builds a foundation for further discussion. It is from the birth of principle of WTO Transparency to the analysis of the history conditions of the development.The second chapter offers insights into the cases referred to transparency clause which were made by Dispute Settlement Body include panel and appellate body in the WTO. DSB has cleared the scope of application of transparency clause and defined the term of protecting the expectations of traders. The relationship of Article X of GATT 1994 and the WTO agreement was also referred. Sometimes it seems that DSB was too prudent to achieve good governance. Though we may see some different decide, DSB has its line. The line was found to be expanding the space for the application of WTO rules and doing every effort to avoid making wrongs. A famous case is specially paid close attention to, that is the EC—Selective Customs Matters Dispute. In this case, we notice that the whole custom administration of European Community was challenged. That is without precedent in history.The third chapter shifts focus from the development to the causations of the development. One of them is the development of information skills. Personal Computer and Internet help us to get awareness of almost every news happened allover the globe. They make the carrying out transparency obligations in a convenient and effective way possible. In an addition, the skills make challenges include hiding key information into huge mountains of other messages. Government also has strong reasons and motivations to screen information they don't want the public knows. The technology of information examination gives its support to the information-masking. How can transparency cope with these is one of the most important problems in internet era.The forth chapter tries to discuss the mechanism of how Transparency works to fight against trade protection. Trade protection was caused by trade conflict. But what we don't know is how trade conflict leads to trade protection. The enterprises and industries in threat of failure of competition with foreign products and producers, would like to choose their spokesman in the government, parliament and medium. They have sympathy stories telling someone would lose his job and lots enterprises are in the edge of bankrupting. Decision makers get information mainly through government apartment, industry union or labor union. They are all spokesman of certain groups instead of whole domestic economy. They pass the information which their"client"wants to. So decision makers could not acquire adequate information. It was the same with customers. They are told domestic industry suffered a lot from foreign competitors who succeeded through cheap but illegal labor, and so on. They don't know that they are the bill payers for trade protection. The cost is huge and varies from deduction of supply of public goods to more tax. If transparency works, the real cost and pay will be exposed and the public will help the government to make good choice. Any betray of the public willing and interests will be punished by votes.The fifth chapter is mainly focus on the efforts of transparency. Transparency was earlier applied in USA and they do a better job too. Eastern countries, like Japan and China, have their problems. Fist of all, their cultures are tended to hide the information and purpose of authority. That is a symbol of authoritativeness. The conflicts between transparency and local cultures are one of the major encumbrances to trade liberation. As mentioned in the chapter, transparency was finally accepted as a tool for clean, fair and effective trade government. The changes and adjustment of administrative system were followed. It's not excellent but it is precious.The final part concludes this paper, trying to give a generalized account of the history, development and effect of transparency. Some strategies were also mentioned here as an effort for the future. This chapter crystallizes this paper and carries it to the conclusion.
Keywords/Search Tags:Transparency, WTO, Implication, Development, Impact
PDF Full Text Request
Related items