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Analysis On The Perfection Of WTO Dispute Settlement Mechanism

Posted on:2018-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:L RuanFull Text:PDF
GTID:2336330512495484Subject:Law - Law Shuo
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According to Aristotle's philosophy of "ontology",the basic question of "what law is" is the eternal theme of philosophy of law.This article is the structure of the whole article in this way.This article first backtracking source,based on the understanding of the WTO dispute settlement mechanism,the “shrimp turtle case ”from the fact that the level and law level are analyzed.Then,on the basis of the integration of disputes,several controversial focus issues are analyzed and expounded.Disputes and problems caused by this case can be summarized as the following four points: Trade and the environment,and solve the conflict of judicial activism in the WTO,mainly in the WTO dispute settlement mechanism and the dynamic interpretation of treaties "shrimp turtle case" in the political,economic and cultural factors.In the process of dispute resolution,we can see the defects of the WTO dispute settlement mechanism itself and lack of exposure,in order to make better use of the WTO dispute settlement mechanism for the service of international trade disputes,the purpose of this paper is analyzing the "shrimp turtle case encountered problems,discusses the perfection of WTO dispute settlement mechanism own.Since China became a member of WTO formally,the research on WTO itself has been reduced greatly,and the direction of developing WTO's advantages and disadvantages and its countermeasures are analyzed.This situation reflects the lack of understanding of the WTO and putting the cart before the horse.The thinking on the perfection of the WTO dispute settlement mechanism,the first of its own rules of the situation and analyzes the effect,from the "WTO neutrality" and "dispute settlement options" and "institutional analysis" and "dispute settlement procedures reflect the four aspects of WTO thinking perfect.
Keywords/Search Tags:the dispute settlement mechanism of WTO, Application of law, Rules and procedures
PDF Full Text Request
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