On The Principle Of Transparency Of WTO

WTO is an international state organization. It provided a general application polygonal trade frame for all members, and every member should accept all principle and rule under this frame. With respect to this, WTO' s law frame restricted all members' government in nature. All members and its government should regard principle and rule prescribed in WTO agreement as behavior guideline and abide it. The transparency principle is a basal principle of WTO, and should be abided by all members. The transparency principle-is regarded as an supervise procedure of WTO. It called for publication law, regulation, judicial decisions and administrative rulings of general application, and administration in a uniform, impartial and reasonable manner. As a mew member state of WTO, China will certainly be under the deep impact of this rule in terms of its legislation and in implementation of these legislation.This article based on existing research fruits. We will embed analyze transparency principle, then, provide some suggestion for actuality. This thesis consisted of four parts. The author develop his arguments in an order as follows:1,the concept of transparency principle under WTO legal system. The transparency principle is prescribed in four accords - GATT, GATs,TRIMs,TRIPs. Comparing these accords, each provide difference concept of transparency principle, but the nature of this principle is uniform. Transparency principle focused on the action of the government, and emphasized publication,explicitness,anticipation. The author analysis the intension of transparency principle, expatiate its value to polygonal trade frame.2,material clause provided in WTO agreement of transparency principle. In this part, author used some cases about transparency principle. By analysis these cases, author provide the deep intension of transparency principle. Moreover, in this part, authordiscuss some terms about transparency principle which provide in GATT such as 'general application' , 'uniform, impartial and reasonable manner' , open out potential meaning of transparency principle.3, the actualize guarantee system of transparency principle. In this part, author analysis the relation between notification procedure and trade policy review mechanism and transparency principle. Discussed the oversee function of notification procedure and TPRM on the actualization of transparency principle. All-around scale and appraise constitutionally refer to members' political situation and sovereignty, not only refer to free trade. The keystone is notification procedure and trade policy review mechanism. The author pointed out that not only its' foundation but also its' outcome were had closed connection with the transparency principle.4, application of transparency principle in China. In this part, author discussed the actual performance of transparency duty in China, and pointed out the disadvantage in performance procedure. Analyzing the material demand provided in WTO agreements and , integrating the situation of China, provided the corresponding countermeasure.The author pointed that China lacked practical experience to face the situation after entered into WTO. We should pay our attention to two things: the firstly, actively carry out duties provided in WTO agreements; the secondly, enhance law consciousness, summarize in time, and use WTO' s rules to protect it' s legality right and interests.