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On The Judicial Review Of Court Of International Trade And Reference

Posted on:2011-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:H M YaoFull Text:PDF
GTID:2166330332964356Subject:International Law
Abstract/Summary:PDF Full Text Request
With the economic exchange strengthening gradually all around the world, the activities of international trade have become prosperous increasingly, even that have become an important component of industrial structure in a country .The trade volume largely reflects a country's economic development .The United States as the biggest economy power,trading nations in the world, generates the trade disputes when it participates in the international trade which is free and extensive .The trade disputes must be deal in order,promptly, which plays an important role in the long-term development of international trade .The Court of International Trade of United States is deprived from the Board of General Appraisers and the Courts of Customs, in its 30-year developing history, the judicial review of the Court of International Trade of United States made large merit for interested parties in providing relief. The establishment of judicial review of The Court of International Trade of United States is not by chance, but result from the unique historical origin ,namely the United Stated was dominated by the British in American history, the British ruler's ways of handle the legal affairs is the history source .Legislative, administrative ,and judicial powers belongs to different people, and different powers limit each other is the thoughts source .The judicial review system of Court of International Trade include the purpose of the judicial review of Court of International Trade, the scope of judicial review, standard of judicial review and ways of judicial review, all above are all the courts have, but different courts, different scope, different standards and ways of judicial review. The particularity of setting and the professionalism of case of Court of International Trade result that the same characters,different characters,limitations and innovations when judicial review of the Court of International Trade compared with the other judicial review.The WTO as the world's largest trade organization, more than 80% of the trade volume are completed among the WTO member countries at present. WTO learn from the judicial review of Court of International Trade in order to improve its judicial review, then the improved judicial review can be more accepted by member countries as it suits their expects of countries. As the laggard international trade relief system in China greatly affects the volume and the status in the international trade process. In order to improve the situation, China must learn the success experience of judicial review of the Court of International Trade when build the law system, that is China must reform the jurisdiction of administrative cases, accept the principle of respect, then promote the construction of rule of law and the trade liberalization.
Keywords/Search Tags:court of international trade (CIT), judicial review, WTO, trade remedy
PDF Full Text Request
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