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A Study on the Due Process of Dispute Settlement in the WTO

Author: WangQiuRui
Tutor: YuMinYou
School: Wuhan University
Course: International law
Keywords: WTO dispute settlement due process
CLC: D996.1
Type: Master's thesis
Year: 2005
Downloads: 151
Quote: 1
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Abstract


It’s difficult for us to get a certain rule from the international law which generally governing the essential procedural law in view of that international procedural law is quite different from our native ones.But both our domestic law and the international law are based on people’s demand for the order and justice of the society.Then the rule of due process concerning justice and sense which generally apply to individuals will necessarily and deeply rooted in the body of the international law. Regarding to WTO,its dispute settlement mechanism suffered considerable oppugn though with a long history. So the reform of the procedure rules of WTO will certainly be a general trend. Based on the method of historical and comparable analysis,this paper provide a analysis and proof about the due process of the dispute settlement in WTO and further conclude certain disiplines.This paper is consisted of five chapters. Chapter I set forth the foundamental meaning of the rule about due process in a general legal sense.Chapter II centered in the necessity of the due process for WTO and why it should be applied to the dispute settlement mechanism. Chapter HI is a discussion about whether principles of international law .especially those procedural principles may be introduced into WTO law .Chapter IV give a confirmation to those most important rules of the due process in the practice of international judicature and arbitration.Meanwhile,a analysis is given to show to what a extent these rules can be used to dispute settlement and the legal responsibility of the violation.Sever as a conclution,Chapter V summarized the main views all through this paper.

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