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Legal Interpretation Of The Application

Posted on:2007-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:B J LiFull Text:PDF
GTID:2206360185483008Subject:Law
Abstract/Summary:PDF Full Text Request
The law is abstract , summary and indistinct , and also there are inconsistency ,gap and expresstion limitation in words along with the law, so the law interpretation is necessary and essential for the law application , in which the judge applies law to different sititutions to reach the justice. Under the principles of legality , objection and rationality , law interpretation has such methods as word interpretation , expanding interpretation , limited interpretation , logical interpretation ,purpose interpretation , interest balance interpretation and so on.The WTO Dispute Settlement Procedures intending to resolve conflicts before trade war erupt are a quasi--judicial process for resolving trade dispute when attempts by the countries involved to reach a settlement become deadlocked .Acording to the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) , the contents of the procedures are compulsory consultation , panels , appellate review and compensation and the suspension concession.The Canada Patent Deadline Case is a typical case for the panel and the appellate to settle dispute using law interpretation , during the process the panel and the appellate apply such law interpretation methods as word interpretation,effective interpretation,anti-conflict interpretation , principle interpretation,purpose interpretation , consistent interpretation and so on .The settlement of the case fully embodyies the justice and rationality of the WTO Dispute Settlement Procedures and effectively enforces the authority of the WTO Dispute Settlement Procedures ,it is also a great promotion for the WTO disputes settlement.
Keywords/Search Tags:the Law Interpretation, the WTO Dispute Settlement Procedures, the Canada Patent Deadline Case
PDF Full Text Request
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