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Wto Dispute Settlement Mechanism Of The Dual Property Jurisprudence

Posted on:2006-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:H J WangFull Text:PDF
GTID:2206360155974726Subject:Legal theory
Abstract/Summary:PDF Full Text Request
As the contacts among the member state of international community are strengthened day by day. Not merely in the political field, there is exchange between cultural fields , economic field that frequently stands up too. Globalization has already become trend of our times. It deeply touched and changed the pattern of international economy, politics, law, culture and produced the immeasurable influence between the current situations and prospects of the development in every country. World Trade Organization ( WTO ) just developed gradually under the great background of the economic globalization.World Trade Organization is an international economic organization that is responsible for ensuring WTO multilateral trade system to carry on smoothly. It is the inheritance and development of multilateral protocol of General Agreement on Tariffs and Trade (GATT ).firstly, as regards its aspect of application, expanded from the original trade in goods to service trade , international investment , intellectual property right, etc. Secondly, DSB (Dispute settlement body) mainly explains WTO international file and solves relevant disputes. It has great meanings in the execution of international economic relation and economic treaty. It makes interpretation of . treaties that has an neutral interpreter and settlement of dispute that has an arbitrator. This is favorable to explicitness of meaning and validity of execution of the meaning of the treaty. Its peculiar dispute settlement mechanism not merely solves GATT that lacking the binding and force of law, even more for making due contribution on improving efficiency of WTO dispute settlement and reducing lawsuit cost. It is not integrate that mentioning achievement of WTO without refer to WTO dispute settlement mechanism .It is the important pillar of the multilateral trade system that the dispute settlement mechanism. Without the method of settlement, the system based on rule will become valueless at all because its rule is unable to realize. The WTO dispute settlement mechanism procedure emphasis on constitutionality. Itmakes the multilateral trade system safer and more foreseeable. Moreover, because of developing countries participating in the MTN (Multilateral trade negotiation) and enhancement of collective bargaining strength, it make the new global trade rule that meeting the requirement of developing country in some fields .This thesis point out the two kinds of unique nature of political attribute and judicial attribute that the of WTO dispute settlement mechanism has and the scientific studies and analyse through explaining the WTO dispute nature and characteristic of solving the double attribute of the mechanism. It also points out the influence and trend of WTO dispute settlement on law. According to our country's conditions and current situation, the thesis probes into the theory and practice meaning of the double attribute of solving the WTO dispute settlement mechanism. It point out the opportunity and challenge which our country will face. Through analyzing the defect and deficiency existing in participation of WTO dispute settlement at present to our country. It explores our country accelerates that solving the practical operation ability of the mechanism and the method of realization to the dispute and thus combines the suitable mode of solving the WTO dispute mechanism.
Keywords/Search Tags:GATT, WTO dispute settlement mechanism, Political attribute, Judicial attribute
PDF Full Text Request
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