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

WTO agreements applicable in the EU

Author XuXianHong
Tutor ChenWeiDong
School University of Foreign Trade and Economic
Course International Economic Law
Keywords WTO agreements Direct effect the EU
CLC D996.1
Type Master's thesis
Year 2007
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The domestic application of the WTO agreements is an issue that has been discussed widely for a long time. As one of the most influential members of the WTO, EU’s attitude towards the application of WTO agreements and the approaches followed therein are reflective and, in the author’s view, able to provide some suggestions for the application of the WTO agreements in China.In this paper, the author try to, per the analysis of cases and the combination of theory and practice, introduce the circumstances concerning the application of the WTO agreements in EU, ending up with some thinking and suggestions for China in applying the WTO agreements.Firstly, the author gives an analysis of the main characteristics of the WTO agreements, including the comparison between the WTO agreements and the GATT, and the common character of the WTO agreements. This part is placed at the very beginning of this paper because it is the premise of discussing the domestic application of the WTO agreements. General knowledge of the characteristics of the WTO agreements will be of help to understand as well as appraise the reasons behind the parties stands in various cases.Secondly, the author focuses on the discussion of EU’s attitude towards the application of the WTO agreements and the relevant practices. There are there major points in this part, i.e., EU’s expression about its attitude towards the application of the WTO agreements in its documents, the opinions expressed and principles established by the ECJ in its judgments, and the definition of direct effect and relevant notions. In the discussion of the second point aforementioned, due to the huge amount of relevant cases, the author tries to select several ones, the analysis of which hopely can explain some common knowledge of the relevant EU case law.Thirdly, an analysis of the status of the DSB reports in EU is provided, including an introduction of the origination and characteristics of the DSB reports and their status in EU, following by some suggestions about the enforcement of them.Finally, the author tries to put forward several suggestions on the application of WTO agreements in China, basing on the current regulations in that aspect.The most outstanding features of this paper are:1. The discussion is not solely concentrated on theories but on the combination of cases and practice.2. Try to focus on the major issues so as not to let the readers find the essential ideas not fully discussed.

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