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A Study on the Democracy of WTO Decision-Making Legal System

Author: YuFeng
Tutor: XuChongLi
School: Xiamen University
Course: International Law
Keywords: WTO Decision-making legal system Democracy
CLC: D996
Type: PhD thesis
Year: 2007
Downloads: 303
Quote: 2
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WTO raises concerns as an organization of international economic co-governance. Both developing and developed countries attach great importance to WTO decision-making legal system which plays an important role in WTO institution. This dissertation further studies democracy in WTO decision-making legal system, by analyzing the reason why the legal system lacks democracy, setting forth how Director-General and The Secretariat exert their influence on democracy of WTO decision-making legal system, and discussing the correlation between democracy and efficiency in WTO decision-making legal system. Basing on the discussion, this dissertation carries on the related theoretical exploration and provides some suggestions for democracy in WTO decision-making legal system.This dissertation consists of Introduction, Body and Conclusion, and there are six chapters in Body section.Introduction makes a brief generalization of WTO decision-making legal system, and covers research significance, current research status, research references and methods, and structure arrangement of the dissertation.Chapter One discusses how democracy adapts in international relations from the perspectives of feasibility and necessity, and points out several issues that we should pay attention to when democracy adapts in international relations.Chapter Two analyzes whether or not democracy conducts in WTO decision-making process. It is found that democracy in WTO decision-making process does not seem to be optimistic, in terms of effective participations of WTO members and transparency of WTO decision-making process. On one hand, effective participations of WTO members should be enhanced, on the other hand, WTO decision-making process needs to be improved in internal and external transparency both.Chapter Three focuses on internal and external democracy deficit existing in WTO decision-making process. Particularly, this chapter makes an in-depth discussion of suggestions on reforming“Green Room meetings”proposed by developed countries, and then proposes the three-step plan on the reformation of“Green Room meetings”, in which it analyses what roles non-governmental organizations should play when participating in WTO decision-making process.Chapter Four mainly discusses democracy in WTO voting system. This chapter makes a thorough introduction to the history of GATT/WTO voting system. Basing on the analysis of historical backgrounds and factors of different voting rules adopted in different ages, there appears to be a dangerous sign of politicization in WTO. Finally, with the further exploration of whether or not democracy conducts in voting systems, it is concluded that majority voting is the most democratic WTO voting rule.Chapter Five makes an introduction on how Director-General and The Secretariat exert their influence on democracy in WTO decision-making legal system. This chapter points out, in order to establish WTO decision-making legal system, Director-General and The Secretariat should obey their duties regulated by WTO in the process of preparing and convening formal or non-formal meetings, and make prompt and right response from a neutral and objective point of view.Chapter Six, by analyzing the correlation between democracy and efficiency, brings forward that the value of democracy should be prior to that of efficiency in WTO decision-making legal system.Conclusion generally distinguishes available reform projects in WTO decision-making legal system, and points out two reform approaches, that is, the best and the second best option under the ideal pattern. Finally, it illustrates the best option and the second best one open to China, when she faces the reform in WTO decision-making legal system as a responsible developing country.

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CLC: > Political, legal > Legal > International law > International Economic Law
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