What we usually call "WTO accession" obviously refers to joining this set of world trade norms, including and derived from several international treaty groups and their multilateral treaty groups, such as trade in goods (GATT 1994), trade in services (GATS) and trade in intellectual property rights (TRIPS). These constitute a huge and complex legal system, which regulates multilateral trade in the world.
As a set of legal rules, WTO has great significance and far-reaching influence on China's economic development after its entry into WTO. At the same time, the multilateral trading system of WTO, from the structural point of view, contains many factors such as diplomacy (politics), trade, law and so on. The WTO regulates world trade with international treaties, and its provisions are expressed by stipulating the legal obligations of its members.
According to the statement of the source of international law in Article 38, the WTO Treaty Group is an integral part of international law. No matter in the operation stage of GATT or from the current rules of WTO, there is no doubt about this. Especially in the WTO's distinctive dispute settlement mechanism, in addition to the traditional diplomatic methods such as consultation, mediation and mediation, its core mechanism is the "judicial settlement" often mentioned in international law.
And set up an appellate body to examine the "legal issues" in the expert group's judgment, including the legal interpretation of the WTO "multilateral agreements" (treaties). This has greatly strengthened the legal binding force of WTO provisions. The legal rules of WTO will directly regulate the domestic laws of member countries and profoundly affect many aspects of domestic economy, society and culture. ?
The key issue is how to implement the w to agreement in member countries. In another sense, what is the effect of the WTO agreement on its members? This is the fundamental way to realize the basic values stipulated in the WTO agreement, such as promoting the opening of national markets, realizing the liberalization of global trade and investment, and promoting the full utilization of global resources.
The practice since the establishment of WTO also fully shows that the implementation of WTO agreements has become the most core, complex and difficult issue in the WTO system. In the process of China's accession to the WTO, how to fulfill the WTO agreement and whether it can guarantee to fulfill its obligations under the WTO has also become the focus of negotiations.
Extended information1999165438+10/5. China and the United States reached a "win-win" agreement on China's accession to the WTO. China's accession to the WTO is just around the corner. At present, in order to meet the needs of reform and opening up and the requirements of joining the WTO, China's economic and legal construction is facing a very arduous task. Joining the WTO means the overall transformation of China's political system, enterprise system and economic system.
China must speed up the process of domestic economic and political reform, readjust the relationship between the state and enterprises, the government and the market, and the central and local governments, so that China's economic operation system and rules can adapt to and connect with the market economy system and rules represented by WTO rules as soon as possible. The effect of 1.WTO agreement on China's domestic law.
After China's accession to the WTO, it will directly affect the implementation of the WTO Agreement in China to determine the validity of the WTO Agreement in China's domestic law. As China is transforming from a planned economy to a market economy, the market mechanism is still far from perfect, local and departmental protection is strong, economies of scale are weak, and the mechanism of truly fair competition has not yet been established.
Relatively speaking, China's legal system is not perfect in the economic transition period. The notification and revision of relevant laws and regulations in the process of joining WTO is an obligation that must be fulfilled. The Legislative Affairs Office of the State Council also made a list of laws to be formulated and amended, and worked out a timetable. Foreign-invested enterprises, foreign trade law, commodity inspection law, intellectual property rights, finance and other laws and regulations need to be comprehensively adjusted.
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