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Integral Research Of Justice In China-measures Affecting Imports Of Automobile Parts

Posted on:2011-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:C L ZhangFull Text:PDF
GTID:2196330338480742Subject:International law
Abstract/Summary:PDF Full Text Request
In the science of law, the justice is the ultimate pursue. The problem of distinguish the justice and authenticate the achievement of the justice is continued. In the time of our government underwent the first failure in the litigation of WTO, the problem of the intension and standard of justice in WTO and the problem of how to deal with international suit in future both become more and more remarkable.The intension of justice is an appropriate proportion between damaging and compensation in an equal relationship. According to this valuable resolve, the justice is that the grade of denial in arbitrament must be equal to the amounts of fault. And it is applicable in WTO too. But the justice in WTO has its own logic. So the intension of justice in WTO could be divided into three parts with objective fact and criterion. And it could drop them to some routine formal problems, such as Products, National Treatment and Prohibited Subsidies. Then I substitute the facts of cases into the formula and draw out a conclusion. Finally, I consider the central case by ways of above conclusion and find the practical justice for itself. It is that it's justice in WTO but not objective sense.The justice includes many aspects. The justice applies many standard. The justice in WTO has inherent logic and exclusive standard. The behavior in the nuclear case is examined by international legal documents and routine formal problems. The character of tax collection is critical. The conclusion is a justice in legal standard sense. It conforms the custom and logic of WTO but not conforms the standard in the international society.
Keywords/Search Tags:WTO, China– Measures Affecting Imports of Automobile Parts, the justice of the arbitrament
PDF Full Text Request
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