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

Zugl.: München, Univ., Diss., 2007/2008

The issue of tensions between market access and environmental protection is relatively new focus in the domain of international trade. This article suggests solutions to this conflict within the WTO framework so that while pursuing the goals of free trade and promoting development of economy the objective of 'sustainable development' can be achieved at the same time. This article includes an introduction, the main body (three chapters) and conclusion. j The Introduction starts by describing the development of the regimes of market access and environmental protection; it goes on to analyze the causes of the tension between the two and finally emphasizes the importance of resolving this tension within the World Trade Organization (WTO) framework. Chapter One elaborates on the existing principles, regulations and exception in the WTO framework and states that these regulations cannot live up to expectations of the developed countries and environmentalists. The conclusion is that it is impractical for the developing countries to avoid this issue. Chapter Two starts with an inquiry into the crux of tensions between free trade and environmental protection. It goes on to enlist different proposals by academic scholars and compare these principles' application in European Community Treaty (EC) and North American Free Trade Agreement (NAFTA), hoping to resolve the tensions between market access and environmental protection. Chapter Three summarizes academic proposals and experiences of EC and NAFTA and discusses possible practical resolutions within WTO including both short-term measures and long-term ones. This chapter concludes by suggesting possible courses of action for China that could allow it to sustain the 'green challenge.' The Conclusion discusses the objectivity and unavoidability of the tensions between the free trade and the environment protection and reinforces the importance of resolving the problem within the WTO framework as well as the necessity of amending related regulations and harmonizing environmental standards of the WTO members.

On the eve of the launch of the first round of multilateral negotiations within the framework of the new WTO system, the so-called Millennium Round---which may be officially opened by the Seattle Ministerial Conference on 30 November 1999---the review of the WTO dispute settlement system should deserve the attention of WTO Members as one of the most essential topics to be considered. / Within this context, this thesis raises the question whether the future developments of the WTO dispute settlement system could be influenced by the successful European model. / In an attempt to answer this question, this thesis first highlights the grounds on which the EC approach to the GATT dispute settlement system has changed so that the EC has finally become an active supporter for "judicialization" of the new system (Introductory Part). The impact of the new WTO dispute settlement system on the EC participation in its development is then analysed (Part I). Finally, the last part of this thesis focuses on the reasons of the EC success in order to conclude to its potential influence on the further developments of the WTO dispute settlement system (Part II).

Thesis (Ph. D.)--University of Texas at Austin, 2007. / Vita. Includes bibliographical references.