The Research Of The Legal Systems Of The Regional Economic Integration Systems Under WTO Framework

In recent decades, regional economic integration has become one of the most salient characters in global economic cooperation and development. Almost each member of WTO has joined one or more regional economic integration organizations. While the rapidly developed regional economic integration organizations have promoted regional trade liberalization and brought more benefits to their members, they also shocked the WTO multilateral trading system at the same time, seriously violated the MFN principle for example. Regional economic integration has become one of the excuses of trade protection for some of the nations. WTO has developed special laws to regulate regional economic integration. As a member of WTO, our nation's careful study and effective use of these clauses, in order to gain the maximum benefits in the development of regional economic integration, have become a top priority.This thesis took the legal system of regional economic integration under WTO as its study object, illustrated the development of regional economic integration and its existence foundations in economics and jurisprudence, introduced the legal systems of three most famous regional economic integration organizations, EU, NAFTA and ASEAN, and proposed our nation's strategy integrated with our nation's practice.This thesis contains five chapters.Chapter one, summery of regional economic integration, illustrated the meaning, classification and development of regional economic integration. Chapter two, rules on regional economic integration organizations under WTO, introduced the background and content of clause 24 of GATT, understanding and clause 5 of GATS. Then this chapter analyzed in the aspects of the influence on the regional integration organizations after the implementation of WTO laws and the problems. This chapter concluded that the WTO legal system has played a regulation role on regional economic integration, but due to ambiguous literal and bad regulatory system, its role is limited. Chapter three, legitimacy of regional economic integration under WTO, discussed in the fields of economics and jurisprudence. First, this chapter introduced some of the legal scholars'views on the legal basis of regional economic integration, then combining with jurisprudence and principles of international laws, proposed that contract and the principle of pacta sunt servanda is the legal basis for the existence of regional economic integration. This chapter also summarized the economics theories in regional economic integration, and concluded that profitability is the economic foundation for regional economic integration. Chapter four, Legal system of regional economic integrating organization, introduced EU, NAFTA and ASEAN's development, basic laws, organizations, dispute settlement body and the regional cooperation practice using regional trade agreement. Chapter five, China's strategic choice, summarized our nation's practice in joining regional economic integration organizations, and then combined with our nation's specific national conditions, international political and security situation and development level of economic and economic institutions, proposed recommendations on our nations'strategy of regional economic integration in the future.