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Wto Dispute Settlement Mechanism Of The Principle Of Judicial Economy

Posted on:2009-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:S S XuFull Text:PDF
GTID:2206360272957508Subject:Law
Abstract/Summary:PDF Full Text Request
The Dispute Settlement Mechanism is one of most characterful systems in World Trade Organization, and it has become an efficient path to handle the trade disputes between various member nations. The Dispute Settlement Mechanism formulate strict and detailed procedures, include the Consultation, the Panel of Expert , the Appellate Body, the execution and so on. With the Dispute Settlement Mechanism, the trade disputes are ruled by law . The principle of judicial economy is one of basic principles in Dispute Settlement Mechanism movement process, which is reflected by the terms of Understanding on Rules and Procedures Governing the Settlement of Disputes. The establishment, development and widespread application of the judicial economy principle produce in the practice of dispute settlement. The principle of judicial economy comes from the General Agreement on Tariffs Trade, and plays an important role in optimizing disposition of judicature resources, and improving judicial efficiency.The paper divides five chapters, and amount to approximately 27,000 characters.The first chapter introduces the implication and the nature, the origin and the basis of the principle of judicial economy, analyzes the relation and difference between the principle of judicial economy and the principle of judicial restraint, and makes the upholstery for the appliance of the principle of judicial economy in practice.The second chapter illustrates the evolving process of adopting the principle of judicial economy, and analyzes how it be established, developed, and be adopted widely in practice with precedent in detail.The third chapter discussed the defects of adopting the principle of judicial economy, analyzes the reasons and consequences which the questions produce , and give some suggestions about how to improve.The fourth chapter analyzes three reasons which the principle of judicial economy produces, then carried on the analysis to the value of the principle of judicial economy, and expounds efficiency value orientation of the principle of judicial economy.The fifth chapter observes and studies the practice of our country in the Dispute Settlement Mechanism, analyzes enlightenment to our country about the participation in the Dispute Settlement Mechanism and the judicial reform.
Keywords/Search Tags:the principle of judicial economy, the dispute settlement mechanism, the panel of expert, the appellate body
PDF Full Text Request
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