The Wto Agreement Domestic Law Applicable Research

Pacta sunt servanda is an old rule of customary international law, that is to say, every treaty in force is bindiilg upon the parties to it and must be performed by them in good faith. This rule means a party may not invoke the provisions of its internal Jaw as justification for its failure to perform a treaty. But mere is no specific provisions to following on how to implement the international legal duty. Treaty application is a issue of national legal systems of each party.The WTO Agreements consisting of a series of agreements such as GATT, GATS, TRIPS, TPRM, DUS and so on, are binding upon all parties. China has been the member of WTO since last year. The WTO Agreement application in Chinese domestic law is a international legal duty of China which must be performed in good faith. It is not only a program from the international treaty to specific provisions in national conduct ,but also closely related to policies that how treaty-making powers are allocated among national government institutions and the procedures required for entering into a treaty.This essay, adopting the approch of the history ,the comparative law and the jurisprudence, analyses the following questions in theory and states practice, (1) application law models of the WTO Agreement in domestic law ;(2) a hierarchy of norms in domestic law when WTO Agreement norms conflict with norms of that law ;(3)direct effect or invocability of WTO Agreement in municipal.This essay consists of five parts.The first part is general introduction of the WTO Agreements. It briefly introduces the systems of the WTO Agreements , points out it is the international treaty in substantial and fulfillment of international obligation is a very important question after China's accession to WTO.The second part employs the principles of the relationship between international law and domestic law ,deals with the law models of transforming WTO regulations into domestic law. hi connection with treaties , the basic concepts of "monism " and "dualism" have long been used to explain some of the relationships of treaty law to domestic law .And the states practices such as transformation(indirectly application),adoption(directly application),ect.,arevaried because of legal traditions and different power arrangement.The third part introduces the hierarchy of norms in domestic law,that is the issue of pupremacy. Hierarchy of norms refer to questions that arise when WTO norm is unavoidably in consistent with other norms in the national legal system.The answers can differ in different legal systems, but constitutions generally are deemed superior to treaties, and in some developed countries statutes in domestic are superior to WTO Agreement ,also. The effect of the DSB reports ,including panel and appellate body reports generally are performed in good faith.The fourth part compares the concepts of direct application , direct invocability and direct effect. Tough many countries denied the direct effect of WTO Agreement ,by virtue of political econiny and the precisionor other attributes of the language of specific portions, direct effect should be accepted in domestic law to honor its obligations.In the last part of this article ,the author discusses the lack of the legislation of treaty application in our country, then puts forward some advice to improve such situation. In the author's opinion, the principles of WTO Agreement! application and the status of WTO Agreement in the domestic legal order should be provide in constitutional law, and the law models of application should be consistent with legal traditions and practices in the country.