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Ngo Participation In Wto Dispute Settlement Of Legal Issues

Posted on:2007-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:K G CuiFull Text:PDF
GTID:2206360185972256Subject:Law
Abstract/Summary:PDF Full Text Request
After its inheriting from GAIT in the process of globalization, WID has successfully created a most completed system of world tracte rules, exerting a decisive influence in the international trade area. Dispute Settlement Mechanism, DSM, one of the most important part of WID legal system, affects the handling of national tracte disputes and national trade policies. It promotes free trade, but the process leads to the unreasonable pursuit of trade and market benefit but the worrying ignorance of social public interests, such as the environmental protection, the laborer standard and the protection of human rights.With its rapid expansion throughout the world, NGOs are now actively involved in many fields such as environment, human rights, the protection of women's and children's rights. NGOs, claiming the behalf of social public interests, often criticize WID policies in the hope that their action will affect WID activities and that WTO will attach its importance to social public interests. Because of the important position of WID dispute settlement mechanism, NGOs are actively involved in WID dispute settlement to affect the dispute settlementPresenting amicus briefs is now the major way that NGOs participate in the WID dispute settlement. Through this, their impact on WID dispute settlement will be greater and its participation will be further. On the whole, DSB, especially the Appellate Body is supportive of NGOs' way of participation and its attitudes towards amicus briefs are more and more flexible and tolerant, which actually endows NGOs with some procedural rights to participate in WTO dispute settlement.Upon its appearance in WID dispute settlement, amicus briefs has been the arguments. Experts and the Appellate Body's acceptance of amicus briefs has caused strong repercussion among WID parties , specialists and scholars. Both supporter and enemy hold good reasons. Their arguments concentrate on the following four issues: the subject qualification of WID dispute settlement mechanism, the representative of NGOs, the control of SIG (Special Interest Group), the trade protection tendency. According to this thesis, the disputes, to some extent, demonstrate that the concrete operation of NGOs' participation in WID...
Keywords/Search Tags:NGOs, WTO, dispute settlement, amicus curiae
PDF Full Text Request
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