Study Of The Judicial Review System Under The Wto System

The judicial review principle of the WTO Agreements demands require its member states to review their trade policies and measures involved in the WTO agreements through the referee institutions independent out of administrative organ, so as to make sure each member states' trade policies and measures are consistent with the requirement of the WTO Agreements. As these trade policies and measures are mainly established by administrative organ, the judicial review, seen from domestic law, means according to the WTO agreements, the domestic judicial organ's review of the concrete administrative behaviors and partly abstract administrative behaviors of the administrative departments; seen from international law, it means the DSB's review in WTO of not only whether the domestic law of member states is consistent with the WTO agreements but also whether each member state's administrative measures or decisions violate the WTO agreements.Since the entry to WTO in 2001, China is facing more trade obstacle measures with the dramatic increase of import and export (the gross import and export are hoped to break $ 1760.6 billon). Therefore, it is urgent to study the legal issues of judicial review of trade measures, which has a broad application prospect. On one hand, from the view of improving justice and free trade, perfecting trade policies and legislation, it's vitally necessary to make special research on trade measures' judicial review system which plays an important role in international law. On the other hand, such study will be beneficial to the proper usage of trade measures and the regulations about judicial review in WTO system, so as to protect domestic industry, revise and perfect various laws of import and export trade management. Lastly, it has realistic significance to study it for sake of the convenience for our government to respond to the prosecutions in DSB and the maintenance of the right trade benefit of our country.This paper is, on the basis of WTO rules and members sates' domestic law (the mainly reference to that of United States of America, whose trade volume is in the first place in the world.), to discuss judicial review system in the field of trade administration in details, so as to make proposal and helpful suggestion for our country's judicial review reform. This paper is trying to expound and analyze the judicial review substantiality and rules concerned with domestic trade administrative cases and international dispute cases, from the two aspects of domestic law and international law. The main content of this paper includes legal status, review basis, review standard, legal application of judicial review and so on.Except for introduction and conclusion, the paper includes four parts. Each part is one chapter and the details are shown as following:Chapter One: Overview of domestic judicial review system under WTO system. It includes two parts. The first part is to make basic introduction to the traditional judicial review system from the aspect of definition, function and formation, so as to make the system as integrated as possible. The second part is to explain judicial review system under WTO system from the aspect of review object, review basis, review purview and others in order to distinguish them from the traditional judicial review system. At Last, part two also introduces two kind of judicial review systems which are not addressed much in domestic legal field in order to lay a foundation for next several chapters.Chapter Two: the domestic judicial review system under WTO system. On the base of the WTO Agreements, combining with China's regulations about judicial review system (referring to USA's properly), it makes deep discussion for domestic review system under WTO. The main contents are: the subjects of domestic judicial review under WTO; the objects of domestic judicial review; scope of domestic judicial review, standards of domestic judicial review and legal application of domestic judicial review. This part is also the main part of this paper.Chapter Three: the international judicial review system under WTO. On the base of DSU, combining with other WTO agreements, it analyzes and discusses the international judicial review system under WTO. The main contents of this part are: the objects and scopes of international judicial review under WTO; the standards of international judicial review, legal application of international judicial review and procedure of international judicial review. Of course, for the limitation of author's knowledge, it can only be focused on procedural discussion.Chapter four: WTO and China's judicial review system. Starting from Chinese judicial reality, this chapter is to make profound analysis to our judicial review system. It includes two parts, one is about the characteristic of our judicial review system, and the other is about the deficiencies and improvement of our judicial review system.Hereon, it's necessary to give a brief introduction to the conclusive part of this paper. This part, from the view of ensuring the effective implementation of the WTO Agreements in each member state, discusses the system design from 3 aspects of the WTO, analyses their internal connection and summarizes the relationships of two level's judicial reviews.