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WTO dispute settlement rules that govern and Analysis of national sovereignty

Author: HongHao
Tutor: XinChongYang
School: China University of Political Science
Course: International Law
Keywords: WTO Dispute Settlement Jurisdictional rules National sovereignty
CLC: D996.1
Type: Master's thesis
Year: 2006
Downloads: 223
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Abstract


The WTO is the world's largest and one of the most important international economic organizations, and it is a forum for the negotiation of the members of the party. Unique WTO dispute settlement mechanism, is effective in its operation, jurisdictional rules specific system is unique, academia, the WTO dispute settlement mechanism, in particular, is one of the rules that govern national sovereignty various different understanding. WTO dispute settlement rules that govern national sovereignty has important theoretical and practical significance. The theoretical value of the topic is: the one hand, with the development of the WTO dispute settlement mechanism, it will become increasingly more touch on the problem of national sovereignty; On the other hand, the traditional theory of national sovereignty in the new stage is also faced with the reality challenge. Its practical significance is that: the one hand, the improvement of the WTO dispute settlement mechanism must resolve the thorny issue of national sovereignty, can we talk about development and improvement; On the other hand, China has joined the WTO, we should let this rule I and safeguard China's national interests in the issues related to national sovereignty, China face the jurisdiction of the WTO dispute settlement body should take what coping strategies worthy of study. The text of this paper is divided into five parts: the first part of the WTO dispute settlement rules that govern the treaty basis and system overview. The second part of the theory to explore the theory of national sovereignty and international law, the effectiveness of the WTO dispute settlement and WTO dispute settlement rules that govern the effectiveness based on jurisdictional rules relating to sovereignty theory. First of all, as an international organization, the WTO has jurisdiction over this is not in the exercise of sovereignty, did not damage the fundamental attribute of national sovereignty. The specific power of the face of a WTO dispute settlement rules that govern state power configuration, attention should be shifted from sovereign jurisdiction, the need to focus on precisely how to properly treat the fundamental attribute of national sovereignty and sovereignty, as well as the relationship of sovereignty and jurisdiction issues. Second, the WTO dispute settlement rules that govern the effectiveness is still countries agreed that all members of the written authorization from a prior consent, and \on principle not force countries to participate in the proceedings. Several important issues to analyze the third part on the basis of the analysis in the second part of the general theory of combining the WTO dispute settlement rules that govern the impact of national sovereignty, can be drawn from the WTO dispute settlement under the jurisdiction of the rules of national sovereignty because of its unique characteristics specific power will have a certain impact, but in some ways also reflects the respect for national sovereignty, it did not intend to undermine the fundamental properties of any country's sovereign status and sovereignty, establish specific countries agreed on the basis of national sovereignty the distribution of power.

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