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The Research On The Elements Of Compliance With WTO Ruling

Posted on:2009-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:G R LiuFull Text:PDF
GTID:2166360272490928Subject:International Law
Abstract/Summary:PDF Full Text Request
Compared to GATT, the WTO dispute settlement mechanism has been further strengthened, and how to assess and respond to the strengthening of its rigidity among the international lawyers triggered a controversy over the legal effect of WTO ruling and in the WTO, developing countries actively involved in the negotiations of improvement and clarification of the DSU to further increase its rigid degrees. To test the extent of its rigidity, the article focused on the final outcome of the dispute settlement - ruling as well as its legal effect and compliance, and did a more systematic study on the elements of compliance with WTO rulings, and with a view of securing a appropriate and objective look at the current two issues, analysed the extent of legal effect o f WTO ruling mainly through the historical approach ,and explored the inherent law of compliance with WTO rulings from the cross-perspective of international law and international relations theory.The full text is composed of three parts:introduction ,the main body and conclusion.Introduction:a brief presentation of the background,significance of the topics and as well as the task of this paper.The main body has five chapters.Chapter 1:first describes the objects to compliance with——WTO ruling ,thenanalyses the relationship between the legal effect of WTO ruling and the compliance with WTO ruling,and points out these two issues will constitute the main thread of this paper.Chapter 2: after defining the legal effect of WTO ruling,introduces current controversy about the relativity and absoluteness of the legal effect,and put forward the criterion of judgement of legal effect,and on the base of study on the developmemt of legal validity of GATT/WTO ruling,the author argues the legal effect of WTO ruling is not aboslute ,but relative and limited, and explaines the significance of legal effect'relativity to the GATT/WTO.Chapte 3 :according to the relevant theories of compliance with international law,analyses the main factors influencing compliance with WTO rulings,in combination with some specific cases . Chapter 4:after a review on the current relevant reform measures to promote compliance with WTO rulings designed by some international lawyers and developing countries membership, the author proposes the other feasible measures.Chapter 5: in the light of china's current political and economic background and reality,the author put forward the strategies that china can employ to respond the compliance of WTO rulings.Conclusion:a summary of the main points of this paper,and stresss that the starting point of the article is the anarchic characteristic of international community and the special nature of international law.
Keywords/Search Tags:WTO Ruling, Legal validity, Compliance
PDF Full Text Request
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