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Research on the Domestic Application of WTO Rules
Author: OuYang
Tutor: ZuoHaiCong
School: Wuhan University
Course: International law
Keywords: WTO Be applicable Legislation Administrative Judicial
CLC: D996.1
Type: Master's thesis
Year: 2005
Downloads: 400
Quote: 1
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Abstract
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WTO system of rules constitute the contemporary field of international trade is the most effective and clear legal system , to bring all members of the profound institutional impact . Its specific implementation , however , is still mainly dependent on the domestic implementation of the party members , therefore , the domestic application is the focus of the WTO system . WTO rules in the implementation and enforcement of its member countries facing more than just a theoretical problem , it is a matter of practice . Specifically, how should receive the WTO agreements and rules whether the WTO rules can be directly applicable in our courts , the status of WTO rules in China 's legal system and how to make it be implemented in our country , and so on a series of issues are of direct face can not be avoided but the problems to be solved . Many scholars these issues has been discussed, however , there are still many unresolved problems . Start from the basic theory of the relationship of international and domestic law , to investigate the WTO rules in the Member States to apply a theory of practice , analysis of the reasons that it can not directly applicable in the domestic courts . And then explore from the legislative, executive , and judicial WTO rules applicable in our country , hope can give a systematic answer to the above questions . The paper is divided into three chapters: The first chapter describes the basic theory of the relationship between the international and domestic law , the difference between WTO rules and treaty , as well as the WTO rules and the relationship between domestic law ; second chapter introduces the WTO rules in several major practice applicable to the States , and its three angles from the technical, institutional and political analysis of the theoretical ; Chapter is the focus of this article , to discuss how the WTO rules should be implemented in our country from the three aspects of the legislative, executive , and judicial . Finally , in the epilogue briefly discusses the role of the accession to the WTO in promoting the rule of law in China .
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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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