Legal Liability System Under The Wto Framework

All legal regimes should include responsibility system .The chief value of legal responsibility system is to safeguard the enforcement of law. As an important component of international law, WTO law builds a dispute settlement mechanism to deal with the actions of violating the WTO treaty obligation. GATT/WTO has accumulated a lot of habitual experiences about responsibility's cognizance, exemption and realization in the long time practices of the dispute settlement mechanism. But these experiences do not yet form an integral responsibility theory system, and the present rules of WTO have many defects to need perfecting.In view of these facts, the paper adopts comparative research and case analyzing way, and learns from many theories and opinions of common international responsibility system, to construct a integral responsibility system on the base of the rules and practices of GATT/WTO under the framework of WTO. The paper includes four parts except for the preface and the conclusion.The first party of this paper is on the basic theory of legal responsibility under the framework of WTO. No matter domestic law or international law, the responsibility is the result of violating legal obligation; the responsibility of WTO law is too. The nature of WTO responsibility system is a special international responsibility system, and is the central component of WTO dispute settlement mechanism. But the WTO responsibility has some characteristics in comparison with common international law responsibility. The relationship of above-mentioned two responsibility systems is same as special law and common law. Under the framework of WTO, common theories of international responsibility have some occasions to be adopted.The second part of this paper is on the constitution theory of WTO responsibility. Differ from common international law, one member should bear legal responsibility only because that the other member's...