Thesis (Maste). / Collection of master's theses of the postgraduate LLM program "International Tax Law" at the Vienna University of Economics and Business Administration 2005/2006. Includes bibliographical references.

The analysis of non-discrimination under Article III of GATT has shown weakness or flaws throughout more than fifty years. The language used by GATT/WTO panels and the Appellate Body in interpreting the two prongs of non-discrimination in the national treatment clause, namely, likeness and protection, lagged behind economic reality. The critical legal analysis carried out in here reveals, to some extent, this while offering a clearer and sounder analysis to non-discrimination based more on market analysis and its economic indicators.

No abstract provided

So Pik-ki. / Thesis submitted in: October 2001. / Thesis (M.Phil.)--Chinese University of Hong Kong, 2002. / Includes bibliographical references (leaves 84-86). / Abstracts in English and Chinese. / Chapter I. --- INTRODUCTION --- p.7 / Chapter II. --- LITERATURE REVIEW --- p.12 / Chapter III. --- WTO ACCESSION --- p.27 / Characteristics of WTO Accession --- p.27 / Accession Procedure: --- p.28 / Chapter IV. --- HISTORICAL DEVELOPMENT OF CHINA'S WTO ACCESSION (1986~1999) --- p.31 / Phase 1: Encouraging initial stage (1986~1989 May) --- p.32 / Phase 2: Years of Silence (1989 Jun ~1992 Feb) --- p.34 / Phase 3: Dashing for WTO founding member status (1992 Feb ~1994 Dec) --- p.36 / Phase 4: China changed negotiation ATTITUDE( 1995~1996 Mar) --- p.39 / Phase 5: Stage towards success (1996 Mar~1999) --- p.42 / 1996 --- p.42 / 1997 --- p.45 / 1998 --- p.46 / 1999 --- p.48 / Chapter V. --- HYPOTHESIS --- p.51 / Hypothesis 1: China's economic growth is negatively related to China's aspiration for accession --- p.52 / "Hypothesis 2: The desire to participate in forthcoming new negotiation forums as a WTO member boosted china's aspiration for accession, and thus lead to more concessions from china" --- p.58 / Hypothesis 3: Increase in absolute value of US' trade deficit with China raised us' demand for china's concession； and this demand for concession aimed to reduce the value of trade deficit of us with china --- p.61 / Hypothesis 4: DISTRIBUTIVE conflicts of benefits and costs associated with China's economic reform haMpered its accession into the WTO --- p.67 / Chapter VI. --- SUMMARY AND CONCLUSION: --- p.80 / BIBLIORGRAPHY: --- p.84 / Table 1: Meetings of China working group of WTO and GATT --- p.87 / Table 2: Progress of China's accession into the WTO --- p.89 / Table 3: Events related to foreign countries --- p.108

This thesis provides an analysis of the complex relationship between law and legitimacy in the WTO. It focuses on the notional dichotomy between ‘Member-driven’ (input-based) and ‘results-oriented’ (output-based) narratives of the WTO’s legitimacy, and how such narratives are both framed by, and reflected in, WTO law. It demonstrates how these narratives are used to legitimate the exercise of legal power in ways that exceed the reach of their internal normative claims; how they are used to displace responsibility for decision-making in the WTO; and the consequences of choosing to emphasize particular forms of legitimacy for our understandings of the WTO’s place in the world. In the process, the thesis also seeks to destabilize these legitimacy narratives by highlighting their partial, contingent and often mutually contradictory natures. The thesis proceeds in three parts. The first part (Chapter Two) clarifies what is meant by the terms ‘power’ and ‘legitimacy’ as used in the thesis and stresses their significance for WTO law. The second part (Chapters Three and Four) addresses two key input-oriented narratives of legitimacy associated with WTO law — those of consent and democracy. It argues that although consent has been central to understanding the legitimacy of WTO law as it is, and democracy is increasingly advanced in relation to WTO law as it should be, both narratives suffer from serious normative and descriptive limitations. The third part delves further into the concept of output legitimacy and its limits (Chapter Five), before exploring its application in relation to the legal-institutional dynamics of WTO negotiation rounds (Chapter Six) and the treatment of economic evidence in WTO dispute settlement (Chapter Seven). This part ultimately concludes that a more critical engagement with the concept of output legitimacy could open up productive avenues for rethinking the law and practice of the WTO.

Taiwan obtained her membership to WTO on January 1st, 2002. Becoming the organization¡¦s 144th member, some promises have to be made according to the organization¡¦s spirit. Among those promises are divided into tariff reduction, most favored nation treatment to WTO members, and trade liberalization. Meanwhile, Taiwan has to get rid of any trade barrier, tariff related or no tariff related, in order to guarantee fair and free competition in trading. However, impacts are coming to some industries, especially on agriculture and industries they were protected by government and special laws in past time. In Taiwan tobacco industry has being protected by such laws, since Japan¡¦s rule. ROC government has been practicing monopolization on the industry for more 100 years. From tobacco planting, processing, cigarette making, distribution and retailing, all are under such protection by government. Monopoly laws. The purpose of this research aims at understanding the degree of impact on this long protected monopolistic industry under global and liberal competition after Taiwan became a member of WTO. Hopefully, Taiwan tobacco industry can figure out the strategy to deal with severe international competition. This research first makes a discussion about WTO treaty and monopolistic system. After the discussion, information about current tobacco industry in Taiwan and global trend of the industry is used to analyze the overall situation of the industry on the basis of construction competition theory and related research documents. A case study is made on Taiwan Tobacco & Wind Monopoly Bureau. With the view of resource base theory, this research discusses the built resource base during monopolization, and estimates its advantages and disadvantages, and its opportunities and threats under global competition. Then a responsive strategy can be accordingly made. Monopolistic system is to be abolished after the entrance to WTO. Thereafter, Taiwan Tobacco & Wind Monopoly Bureau is going to be reshuffled in July 2002 on its way to privatization. This research can be made a reference to the ongoing strategy and the successors interested in this topic.

Univ., Diss.--Rotterdam.

Thesis (Ph. D.)--West Virginia University, 2002. / Title from document title page. Document formatted into pages; contains viii, 157 p. : ill. Includes abstract. Includes bibliographical references (p. 118-127).

Zugl.: Leipzig, Univ., Diss., 2008

Zugl.: Salzburg, Univ., Diss., 2006