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Research On Transparency Standards Of WTO

Posted on:2012-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:R Q YanFull Text:PDF
GTID:2166330335458102Subject:International Law
Abstract/Summary:PDF Full Text Request
As one of the basic principle of WTO, Transparency Principle is vital for establishing a complete, more viable and durable multilateral trading system. Since joining the World Trade Organization, China has achieved some success in the transformation of government functions and administrative information disclosure. However, when achieving the success, we also must realize that there are still some gaps between current practice of the Transparency of China and requirements of Transparency Principle of WTO, and the achievements of the developed countries.?In this paper, through discussing the standards of Transparency within the framework of WTO and introduction of the practical implementation of Transparency Principle of two states, I want to put forward my own views on how to build a more transparent administrative information disclosure system in China.This paper consists of three parts:?preamble, body, and conclusion. The body is divided into four chapters.The first chapter is overview of Transparency Principle of WTO. In this chapter, I analyze Transparency Principle comprehensively with angles of its concept, contents, legal basis and different embodiments in WTO agreements in order to present the specific requirements of Transparency Principle of WTO Agreement more intuitively.?Subsequently, this chapter reviews the history of Transparency Principle, introduces development process of Transparency Principle in detail.The second chapter mainly discusses the Transparency standards of WTO agreement. Through introduction of Transparency obligations of Member States under the WTO Agreement, this chapter analyzes the general standards of Transparency Principle and the general standards of exceptions to Transparency Principle systematically. Subsequently, this chapter interprets the core provision of Transparency Principle (Article 10, GATT1994), in combination with the panel or the Appellate Body report of cases involving Transparency Principle which WTO has emerged, in order to reveals the meaning and legislative intent of the provision, further clarify the standards of Transparency in WTO Agreement, and help with better understanding and application of the relevant provisions in the future.The third chapter introduces the practice of performing the obligations of Transparency in the domestic laws of United States and Japan. This part mainly discusses government information disclosure system of the two countries, introduces their legislation and administrative practices of performing the obligations of Transparency, as well as the significance of these practices on implementing Transparency Principle. Both countries are developed countries under the rule of law. Their relevant practices could be the best example of performing the obligations of Transparency in the domestic laws. Therefore, China should draw a lot from their practices.The forth chapter analyzes our challenge in performing the obligations of Transparency from the angle of government information disclosure system of China, reveals the present shortcomings of China in legislation and administrative practice respectively, and proposes strategies to deal with this challenge. Finally, I propose my own perspective on how to build more transparent government information disclosure system.
Keywords/Search Tags:WTO agreement, standards of Transparency, government information disclosure system
PDF Full Text Request
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