Radiating Impact of WTO on Its Members’ Legal System : The Chinese Perspective:the Chinese Perspective.
Title:
Radiating Impact of WTO on Its Members’ Legal System : The Chinese Perspective:the Chinese Perspective.
Author:
Wang, Guiguo.
ISBN:
9789004218550
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (384 pages)
Series:
The Pocket Books of the Hague Academy of International Law//Les livres de poche de l'Académie de droit international de La Haye ; v.12
The Pocket Books of the Hague Academy of International Law//Les livres de poche de l'Académie de droit international de La Haye
Contents:
Copyright -- HAGUE ACADEMY OF INTERNATIONAL LAW -- Radiating Impact of WTO on Its members' Legal System:The Chinese Perspective -- TABLE OF CONTENTS -- INTRODUCTION -- CHAPTER I LAW IN GLOBALIZATION -- A. Law Redefined -- B. The World System -- C. Further Shaping of International Norms -- 1. Globalization of procedural norms -- 2. Substantive norms -- CHAPTER II DISTINCTIVE FEATURES OF THE WTO SCHEME -- A. Assertion of Compliance in Law and Practice -- B. Establishment of Standards through Interpretation -- 1. Most-favoured-nation treatment -- 2. National treatment -- C. Conditional Exceptions -- D. China's Experience as a WTO Member -- CHAPTER III THE WTO SERVICES SCHEME AND ITS IMPLICATIONS -- A. The System -- B. Operation of the GATS in View of the uS - Gambling Case -- C. China's Specific GATS Commitments -- D. Application of the GATS in China :Economic and Legal Impacts -- E. Conclusion -- CHAPTER IV THE INTELLECTUAL PROPERTY SCHEME-PENETRATION OF INTERNATIONAL NORMS INTO NATIONAL LAWS -- A. The System and the Principles -- B. Features of Implementation -- C. The Impact of China's WTO Membership -- 1. The patent system -- 2. The trademark scheme -- 3. The copyright scheme after 2001 -- 4. Implementation -- D. China's WTO Commitments in Operation -- 1. Denial of copyright -- 2. Customs measures -- 3. Criminal thresholds -- E. Appraisal -- CHAPTER V DIRECTIONS OF THE INTERNATIONAL TRADE REGIME AND THEIR IMPLICATIONS -- A. Expansion of Participants and Regulated Sectors -- B. Cross-Reference of Cases - A New Dimension -- C. Challenges Facing the WTO -- D. Future Directions and Alternatives -- E. Conclusion -- ABOUT THE AUTHOR -- BIOGRAPHICAL NOTE -- PRINCIPAL PUBLICATIONS.
Abstract:
The World Trade Organization ("WTO") resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members' legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Genre:
Electronic Access:
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