On The Mechanism Of Transnational Private Regulations Adopted By WTO

As an important part of international law, the Mechanism of WTO law is the basis to protect the normal trading activity among WTO members, and maintains favourable orders in the field of international economics and trade.Compared to the formality of WTO law, transnational private regulations is informal,they are developed by civil international organizations.But these rules play more important roles in trading activities,some of them even adopted by WTO.The export credit rules of Berne Union is the typical representative example.This article mainly use the Berne Union’s export credit rules as an example to discuss the relationship between transnational private regulations and WTO law.The first part defined the meaning of the transnational private regulations,and introduced the specifications and the forming process of it.From this part,we know that transnational private regulations has the features of practical, non-mandatory and authoritative and the forming process can be divided into two parts.In order to explain that the transnational private regulations adopted by WTO is realistic,the second part described the example that has been adopted by WTO-The export credit rules of the Berne Union. From this part.we got that the export credit rules of the Berne Union adopted by WTO is not one-step work.it has three steps.It is firstly adopted by the "Arrangements" of OECD,then the "Arrangements" of OECD adopted by WTO.From this,we know that it is not so easy for transnational private regulations adopted by formal organizations. So why WTO need to adopt transnational private regulations.The main reason is that WTO itself exists vulnerability and insufficient.the WTO law is different from domestic law,it is not produced by a specifically designed party.most of them produced from multilateral negotiations.So this kind of forming process is difficult.further more.it is cost a lot.In this area.the transnational private regulations has more advantages.Because it produced from a bottom-up lawmaking process.this kind of forming process could reduce costs largely.Besides.the implementation of WTO rules is even more difficult after it produced although it has a security force.On the contrary.the transnational private regulations is easy to follow.These features could easily make up these shortage of WTO and develop new rules then promote the implementation of WTO law.Of couse,not all of the transnational private regulations could adopted by WTO.Those private regulations must have specific characteristics like universality, stability and publicity.Only the transnational private regulations that own these features could effectively promote the WTO law’s development.The export credit rules of Berne Union as transnational private regulation has completed its change from informal rules to official international law, actually, apart from Berne Union’s rules, there also has many private rules that has not been adopted by WTO, in recent years,the discussion between developed and developing countries about whether labour and environment standard should adopted by WTO.This phenomenon reflects that the transnational private regulations adopted by formal organizations has gradually became a trend. As a developing country, it should be noted that although these mechanism phenomenon may be unfavourable for China at first,but from a long-term point of view, this trend is in favour of promoting our country’s participation in the globalization process.