WTO and the Greater China Economic Integration and Dispute Resolution - Wu, Chien-Huei (BRILL, 2012)
B. Independence of the Agency Entrusted with the AdministrativeDecision Concerned
WTO and the Greater China; CONTENTS; ACKNOWLEDGEMENT; LIST OF ACRONYMS AND ABBREVIATIONS; TABLE OF LEGISLATION; TABLE OF CASES; CHAPTER ONE INTRODUCTION; I. Different Roads to Geneva: Legal Bases and Accession History; A. Hong Kong and Macau; B. Taiwan and China; II. The Four Members of the Greater China in the WTO; A. WTO Membership as an Impulse to China's Legal Reform; B. Taiwan's Return to the International Trading System; C. Cross-Taiwan-Strait Trade Relations; D. Trade Policy of Hong Kong and Macauand Economic Integration Into China; III. The Structure of the Work
CHAPTER TWO EFFECTIVE JUDICIAL REVIEW IN EXTERNAL TRADE RELATIONS IN THE GREATER CHINAI. Closer Economic Interdependence Gives Rise to Trade Disputes; II. Effective Judicial Review and Implementationof the WTO Agreement; A. Intergovernmental Dispute Settlement Mechanism in the WTO; B. The Role of Domestic Courts in the WTO Agreement; C. The Formation of Two-Level Judicial Review in WTO Law; III. The Contribution of Strengthened Judicial Protectionto The Greater China; A. Judicial Review in Ensuring Rational Decision-Making
B. Judicial Review in Hong Kong and Macau to Ensure High Degreeof Autonomy in Economic AfffairsC. Judicial Review to Ensure WTO Compliance; D. Independent and Impartial Judicial Review to Ensure Full Protectionof Right to Trade in China; E. The Importance of WTO Dispute Settlement Mechanism; IV. Short Conclusion; CHAPTER THREE WTO CONSTITUTIONALISM AND ITS CONTRIBUTION TO JUDICIALSETTLEMENT OF TRADE DISPUTES IN THE GREATER CHINA; I. Introduction; II. Three Versions of Constitutionalism in the WTO; A. Institutional Architecture and Distribution of Competence Between WTO Organs
B. Allocation of Competence Between Members and the WTOC. Empowerment of Individuals and Judicial Protection of Their Rights andInterests under the WTO Agreement; III. The Pursuit of WTO Constitutionalism and Its Contributionto Judicial Settlement of Trade Disputes in Greater China; A. WTO Obligations as Pre-Commitments; B. Right to Trade, National Constitutions, and Basic Law; C. Judicial Governance in External Trade Relations; IV. Short Conclusion; CHAPTER FOUR DOMESTIC JUDICIAL REVIEW IN WTO AGREEMENTS; I. Introduction; II. Article X: 3 of GATT 1994 and Annexed Agreements