The Study On The Principles Of International Law In The WTO Dispute Settlement Mechanism

WTO dispute-settlement mechanism,a vital element of WTO legal system,plays a positive role in maintaining WTO's stability and authority, meanwhile, enhances the development of international trade. Among myriads of settled international trade disputes,WTO dispute-settlement mechanism, which applies to principles of international law, was employed as the criteria for case judgment. Such incident gradually becomes a trend. Therefore, it will be theoretical and applicable meaningful to investigate principle of international law issues associate with WTO dispute-settlement mechanism in order to better mastering WTO regulation, thereby securing national economic profitsIn this paper, the first chapter served to define those concepts and characters of principles of international law in WTO dispute-settlement mechanism. The related theory is also be discussed.The fundamental of principle of international law in WTO dispute-settlement mechanism indicates introducing principles of international law as standard while dispute-settlement committee is dealing with disputes without expressed clause. This mean of settlement will be legally termed as reference for later judgments. Such type of settlement is identified with three characters: validity, relativity and non-coerciveness. Meanwhile, applying principle of international law within WTO dispute-settlement mechanism is theoretically and practically supported. Based upon the reality of introducing principles of international law among WTO dispute-settlement mechanism, most acceptable common principles are state responsibility doctrine, judicial economy doctrine and the principle of good faith. The second,third and fourth chapter analysis the content,applicable condition,applicable scope and function of principle of state responsibility, principle of judicial economy, principle of good faith respectively. The discussions associated with the three doctrines are combined with real cases. The final part of the paper inspected the problems,reasons and relevant countermeasure of using principles of international law in WTO dispute-settlement mechanism. Despite the fact that it has been widely referred by WTO dispute-settlement mechanism,certain relevant problems still maintained. The shortcomings are often identified with lack of applicable legislative basis, ambiguous legal principles and etc. Therefore, the necessity of balancing applied legal principles' extensiveness and restrictiveness as well as clarifying kernel clauses and handling conflict regulation were proposed.