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Research On The Domestic Application Of WTO Rules

Posted on:2006-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y OuFull Text:PDF
GTID:2166360182966262Subject:International law
Abstract/Summary:PDF Full Text Request
The system of WTO rules is the most effective and specific legal system in the area of international trade. It brings profoundly institutional influence to the parties. However, the idiographic implementation depends on the domestic execution of each party. Therefore the problem of application is the most important to the system of WTO. The application of WTO rules in each party is not only a problem of theory, but also a problem of practice. In details, how to accept WTO rules, can it be applied directly in our courts, how about the status the WTO rules have in the system of law and how to apply it in our country, all of these are the problems, which we can not evade and must solve immediately. Many researchers have discussed these matters, but there are still a lot of problems left unsolved. This article starts from the basic theory of the relation between the international law and domestic law, and analyze the reason that the WTO rules cannot be applied directly in domestic court through discussing the practice of the application of the WTO rules in some countries. Then the application of the WTO rules in China is discussed, which involves three aspects of legislation, administration and justice. A systemic answer to those problems is tried in this thesis.This thesis is organized as follow: The first chapter introduces the basic theory of the relation between international law and domestic law, analyzes the difference between the WTO rules and common treaties and the relation between WTO rules and domestic law; The second chapter introduces the practice of application of WTO rules in several countries and theoretically analyzes it from three aspects of technique, system and politics; The third chapter is the kernel part of the thesis, which discusses the application of the WTO rules in China in three aspect of legislation, administration and justice. Finally, the impact to the China legal building brought by the entrance into WTO is briefly presented in the conclusion.
Keywords/Search Tags:WTO, application, legislation, administration, justice
PDF Full Text Request
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