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The Role of Non-WTO International Law in the WTO Dispute Settlement

Author: GaoZuoZuo
Tutor: XuHaoMing
School: China University of Political Science
Course: International law
Keywords: WTO Dispute Settlement Other international law Systematization of international law International jus cogens
CLC: D996.1
Type: Master's thesis
Year: 2010
Downloads: 384
Quote: 1
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Abstract


WTO as regulate and coordinate multilateral trade between countries, international organizations and legal rules, is a very important area of ??research in international law. China as a WTO member, and one of the world's major trading nations, to strengthen the WTO also has unusual practical significance. Systematization of international law as a research perspective and theoretical basis, focusing on the role and the role of other international law in the WTO dispute settlement, in order to reveal the close ties between the part of international law in the WTO and other international law and interaction. This paper is divided into four parts, the first chapter is a basic overview of the legal system of the WTO and the WTO dispute settlement mechanism to sort out the basic knowledge, the distinction between WTO law and non-WTO rules of international law \, \The second chapter discusses other theoretical basis of the role of international law in the WTO dispute settlement. International law is an orderly operation of the system, the inter-linkages between the various parts of the rules, rather than fragmented, and not in contact with. WTO is part belongs to the category of international treaties, international law itself is not a vicious circle of self-enclosed legal WTO as the the upper law's international jus cogens of general international law, and the WTO has the same or similar object adjustment rules of international law has a very closely linked. The third chapter, the author discussed in detail in accordance with the types of sources of international law set out in the Statute of the International Court of Justice, the different categories of the role of international law in the WTO dispute settlement. Specifically, other play three major roles: International Law in the WTO dispute settlement directly applicable; interpretation of the law; evidence for the role. The author analysis as the basis of the theory discussed in the second chapter, combined with WTO practice case were discussed in detail. This section in particular stressed the is, international law is a law-bit order of the legal system, international forcibly law is international law in the upper Act, as a lower law of the WTO rules must want and international forcibly law to maintain consistent, the WTO members of the party and the WTO dispute settlement The behavior of the institutions must comply with the provisions of the international jus cogens, therefore, whether it is in the process of directly applicable or interpretation of the law, should pay attention to the important role of the international jus cogens. This is before such research innovations and highlights in this article different from the lies. The final chapter is the conclusion, the author of the basis of combing the first three chapters discussed in detail described the author for this issue of the role of international law in the WTO dispute settlement understanding, stressed the contact of the WTO and other international law, from the WTO angle reflects the development of the system of international law.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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