Andreas RemutaThe Impact of Country-Specific Rules on the WTO Legal System Using the Example of the Accession of the People‘s Republic of China

About this book deutschenglish

The book deals with the phenomenon of "WTO-plus" and "WTO-minus" commitments in the accession treaties of new WTO members and their impact on the WTO legal system by the example of China’s accession. These obligations are at a considerable tension relating to the the premise of a unified commitment structure within the Multilateral Trade Agreements. This unity is based on the fact that all MTAs in the annex of the WTO Agreement include as an integral part and therefore be binding on all WTO members. This "single package" approach is one of the guiding principles of the WTO membership. However, Art. XII WTOA breaks the unified commitment by newly acceding Member States must individually negotiate ist accession. This gives rise to individual obligations as a kind of entrance fee, which stand in stark contrast to the uniformity of the WTO legal system. The tension between the general WTO rules and the country-specific commitments here leads to a conflict, which is very clearly in the wake of China accession and the WTO legal system presents significant challenges.

The significance of the conflict is presented through a series of - clearly WTO litigation in connection with China specific commitments - in this book.

Concern of the book is, this conflict methodologically correct and lege artis prepare and present a systematic solution, which is applicable to a variety of cases. The focus of the processing is already known from another context legal question of the applicability of the general exceptions of WTO law, such as Art. XX GATT specific to (China) WTO commitments. As part of this book is a dogmatic generalized conflict rule is developed, which should ultimately lead to the harmonization of country-specific rules with the general WTO rules and create a predictable decision-making structure. Nevertheless, finds a review of the continuing state of inconsistencies in the WTO legal system under the leadership of various improvement opportunities instead.

Ihr Werk im Verlag Dr. Kovač

Möchten Sie Ihre wissenschaftliche Arbeit publizieren? Erfahren Sie mehr über unsere günstigen Konditionen und unseren Service für Autorinnen und Autoren.

Dissertation veröffentlichen