From Regulations Into Practice: An Explanation To The Articles Related To Procedural Criteria Of Legal Enforcement In WTO

In the context of global governance, procedural criteria of due processare the necessity of good governance and the rule of law. In the WTO, therequirements of due process in legal enforcement embodied in Article10.3(a) of GATT1994and article6.1of GATS, and so on. For a long period oftime, due to fuzzification and complexity, those articles were losting in theopaque situation. Recently, with the cases relating to those articles increased,panel and appellate body in dispute settlement body gradually pay moreattention to the importance of articles, as well as the applicable method. Inthe past cases, the panel and appellate body determine due process in legalenforcement should be regarded as holding the independent value. Moreover,those cases clarify the applicable scope, substantial requirements, causalrelationship between standards and the burden of proof, etc. China, of higheconomic growth rate, should be prevent the violation of the WTOAgreement obligations, put the procedural justice into practice, grasp thespirits of the WTO rules and DSM trends, and output the positive culturalconcepts. More importantly, China government should insist on promotingharmonious, impartial and justicial atmosphere, and making contributions tothe establishment of the new international economic order.In addition to the introduction, the article, which totals more than fiftythousand words, is divided into five parts.The first part is “procedural criteria of legal enforcement in WTO”.Based on the relevant concepts, this part is mainly clearing the terms andconditions and the substantial procedural criteria; The second part is “the regulation and application on procedural criteriaof legal enforcement in GATT system”. In this part, from detailed analysisthe dispute cases, the application method is clarified;The third part is “the regulation and application on procedural criteriaof legal enforcement in GATS”. This part is related to the research on thearticle6.1in GATS, which explained the characteristics of application inGATS;The fourth part is “the regulation and application on procedural criteriaof legal enforcement in TRIPS”.On the one hand this part analyzes thearticle41.1in TRIPS, on the other hand, it is stated what are the applicablerequirements;The fifth part is the “the application on procedural criteria of legalenforcement in China”. In this part, the article41.2(A) in China protocol isexpounded. Besides, effective suggestion is proposed.Furthermore, this paper uses a board range of methods, includingliterature analysis method, standard analysis method, empirical analysis andcomparative analysis method. In conclusion, from the perspective of rulesand practices, this paper examines the procedure criteria of due process inWTO, including terms and conditions of articles and application of rules.Atthe same time, with the reports of DSB panel and appellate body as a startingpoint, in order to solving the problems of our countries, this paper can offersome innovative ideas to the public.