The Impact Of Constitutional Ideas On WTO

WTO is the most dynamic multilateral trade organization in the world today,and has made great contributions to the process of legalization of the international community.However,with the continuous development of the WTO system,scholars'research perspectives on WTO have also changed.More and more international law scholars turn their research direction to the study of WTO constitution.With the rise of China,China inevitably participates in world economic governance,and has closer ties with WTO.In this context,the study of WTO constitution,which represents the western thinking to a large extent,has great enlightenment significance for the development of China's legal theory and economic globalization and the development of the rule of law society.There are three main points of view in the theory of WTO constitution:Jackson's system constitution theory,Petersmann's right constitution theory and Cass's judicial constitution theory.Jackson used the constitutional concept to construct WTO,while Petersmann and Cass used the constitutional concept to interpret the operation system of WTO.This paper tries to solve the problem of the influence of constitutional concept on WTO,rather than to analyze whether WTO is constitutionalized or not.This paper has three main components:the first is introduction,and the second is the main body and the third is conclusion.The introduction introduces the research background,significance,current situation of this paper and research methods and innovations.The first part of the text mainly analyses the influence of Professor Jackson's theory of institutional constitution on the construction of WTO.This part first introduces the difference and connection between constitutional science and the concept of constitution in international law,then describes the development process from GATT to WTO,and leads to the analysis of Professor Jackson's theory of institutional constitution.Jackson studied WTO with the constitutional concept,focusing on the institutional structure of WTO,advocating the constitutional structure of separation of powers to organize WTO.Jackson's academic thought has been realized in the formation of WTO system,and his theory has an important influence on the organization of WTO.The second part mainly talks about Professor Petersmann's interpretation of WTO operation system with the concept of constitution.Petersmann is the representative of the constitutional theory of WTO rights.He regards the freedom of trade as the core of basic human rights.Protecting the freedom of trade can realize the constitutional function of guaranteeing basic human rights and restricting the government's foreign trade power.The WTO does have some practices in human rights protection,such as the protection of the right to health,the right to development,the right to the environment and the right to work.The third part mainly talks about the judicial operation of the WTO Dispute Settlement Body.Professor Cass's theory of judicial constitution focuses on the dispute settlement mechanism of WTO.Cass believed that the Appellate Body in the dispute settlement body had the function of "judicial law-making",and created constitutional norms through the decision of the dispute settlement body.At the same time,this part also elaborates the influence of the interpretation method of "implied power" originating from the US Constitution on WTO,which embodies the application of this principle in some cases.The fourth part points out the need to improve the constitutionalization of WTO.From the point of view of institution construction,adjusting some institution settings so that it can play its real role;from the standpoint of normative value,WTO can not always protect a single value,but should expand its value objectives;from the point of view of democracy and legitimacy,strengthening democratic participation and reducing improper interference,and solving the problem of lack of democracy requires the joint efforts of members.The conclusion points out that Chinese and Western scholars should carry out academic dialogue,let western scholars see the oriental culture and practice,and perfect the constitutional issues of WTO,so as to bring about a better WTO through theoretical guidance and practice.On the other hand,the constitutional issue of WTO should always solve the problem of development.Developing countries should strengthen their voice,participate actively in the world trade economy and contribute to the development of world trade.