Wto Agreements In The Form Of A Theory Of Justice

Law is a main institutional component of human society. Two schools of legal thoughts can be found in the historically-existed doctrines on law: one is a rational legal theory based on the hypothesis of an ever-lasting core in law, the other a positive theory based on the external analysis of the governing law. The first one tries to find a moral orientation in its seeking and explaining the core of law. The second tries to work out the institutional functions in its constructing a complete and scientific legal system.Though this thesis focuses on the discussion of the forma just ice of law or the forma justice of the WTO agreements, the writer does not have a dogmatic belief of forma justice of law. Forma justice of law is a main aspect of justice of law that consists of a series of principals of forma justice briefly illuminated.WTO is a rule-oriented international organization that successfully promoted a global free trade frame. Forma justice is the energy source of the WTO agreements and only in forma justice WTO adjusts non-discriminately to all its members. This thesis analyses forma justice in the following contexts:The first part discusses the doctrines about law and forma justice of law and a critical view is offered in this discussion. The main content of the part is on the forma justice and tries to conclude several theories of forma justice from the well-known thinking tanks, which is an effort to find historical proof for forma justice of law. The second part attempts to discuss the importance of forma justice of law to WTO agreements. The third and the fourth parties give respectively a systematic elaboration of forma justice of law in WTO agreements in the principle level and the legal rule level. The forth, fifth, sixth and seventh parties explain positively the forma justice of law in the WTO agreements and its importance in the WTO agreements. The last part gives out brief suggestions both to the legal development in WTO and to the WTO agreements.