Table of Contents. Preface Abbreviations... 13

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2 Table of Contents Preface... 5 Abbreviations Introduction Origin and Purposes of the Research Definition of Direct Effect Legal Background Starting Point for the Analysis: The Effect of International Agreements in Domestic Legal Systems Direct effect of the EU Treaty The Challenging Procedure and the Direct Effect of WTO Agreements Structure of the Research Part I: Empirical Analysis-Practices of the Member States Chapter 1: Positions of the United States and the European Union The Laws and Practices in the United States The Domestic Legal Status of International Agreements in General Treaty and Executive Agreements Self-executing and the Hierarchy of the Norms International Agreements as Guidance for Interpreting Domestic Law Summary The Legal Status of the GATT 1947 in Domestic Law Provisions of the GATT 1947 as International Obligations under Domestic Law a) The GATT b) Tokyo Round Agreements The Effect of the GATT a) The GATT

3 i. GATT as A Non self-executing Agreement ii. Relationship to Federal and State Law b) Tokyo Round Agreements The Legal Status of the WTO Agreements in Domestic Law Uruguay Round Implementing Legislation a) The Uruguay Round Agreements Act and the Statement of Administrative Action i. Relationship to Federal Law ii. Relationship to State Law iii. Implementation of DSB Rulings b) Sovereignty Concerns in the Legislation i. Excessive Constraints on Domestic Decision Making Power ii. Derogation of Federalism and Democracy The Indirect Effect of the WTO Agreements a) Admissibility of the Cases b) Administrative Agencies Discretion on Interpreting Ambiguous Statutes Conclusion The Laws and Practices in the European Union The Legal Status of International Agreements in General The Relationship to the Community Law The Relationship to the Domestic Law of Members Grounds for Direct Effect of International Agreements: Uniform Application and Protection for Individual Rights The Legal Status of the GATT 1947 and the WTO Agreements Participation of the Community in the GATT and the WTO The Assessments of the ECJ on the Effect of the GATT/WTO Agreements a) Denial of Direct Effect of the GATT b) Rules of the GATT 1947 as Guidelines for Interpreting and Applying Community Law c) Reconfirming the Rulings Concerning the GATT d) Further Developments on the Issue of Direct Effect Legal Status of Dispute Settlement Body Decision and Indirect Effect of the WTO Agreements

4 ECJ s Rationale Against Direct Effect of the WTO Agreements a) Flexibility of the GATT/WTO Agreements b) Principle of Reciprocity c) Rationale behind the Scene: Discretion of Community s Political Organs Conclusion Conclusion: Implementation of the WTO Rules as Policy Issue Chapter 2: Positions of China and Taiwan Laws and Practices in China Domestic Legal Status of International Agreements in General International Agreements as Part of Domestic Law a) Acceptance of Treaties and International Agreements b) Laws and Regulations Addressing the Effect of International Agreements i. Laws and Regulations Recognizing Direct Effect of International Agreements ii. Laws and Regulations Implementing the Rules of International Agreements c) Judicial Interpretations of the Effect of International Agreements in Domestic Legal System i. Interpretations and Rulings Recognizing Direct Effect of International Agreements ii. Interpretations and Rulings Implying Refusal of Direct Effect d) Preliminary Observations on the Practice of China Relationship to Domestic Law The Legal Status of the WTO Agreements Accession Documents of China Laws, Regulations, and Courts Interpretations Relevant to the Effect of the WTO Agreements: Divergent Views on the Direct Effect The Effect of WTO Agreements under the Current Legal Framework a) Provisions Concerning the Relationship between Private Parties Tend to Be Directly Effective

5 b) Provisions Governing the Measures of Governments Appear Not to Be Directly Effective Problems under the Current System and Possible Developments Conclusion Laws and Practices in Taiwan The General Domestic Legal Status of International Agreements International Agreements as Part of Domestic Law a) The Rules of the Constitution b) The Practices of the Legislative and Executive Branches c) Cases Addressing the Effect of International Agreements Relationship to Domestic Laws The Legal Status of the WTO Agreements Ratifying the WTO Agreements and Laws Pertinent to the Effect of the WTO Agreements a) Accession Documents of the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu and the Ratification of the Protocol of Accession b) Foreign Trade Act and Regulation Governing the Implementation of the Imposition of Countervailing and Anti-Dumping Duties Cases Addressing the Effect of the WTO Agreements a) The TRIPS Agreement b) The Anti-Dumping Agreement and the Agreement on Government Procurement The Grounds for the Direct Effect of the WTO Agreements Conclusion Conclusion: Considerations for the Status of the WTO Agreements in the Domestic Legal System Part II: An Analysis of the Grounds For and Against Chapter 1: Major Arguments For and Against the Direct Effect of the WTO Agreements Arguments for the Direct Effect of the WTO Agreements Constitutionalization of International Economic Law

6 The Need for the Restraint on Discretion in Trade Policy The Liberal International Trade Rules As Constitutional Constraints on the Discretion in Trade Policy a) Liberal International Trade Rules Can Have Constitutional Features b) Integrating Liberal International Trade Rules into Domestic Constitutional Systems Arguments Based on the Political Economy and Ordnungspolitik (Economic Governance) Arguments Against The Direct Effect of The WTO Agreements Policy Analysis on the Direct Effect Democratic Deficit of the WTO Agreements The Inconsistencies with the Constitutional Principles An Intermediate Position for the Direct Effect of the WTO Agreements Intermediation through the Panel and Appellate Body Report The Theory of Justiciabilty Summary and Preliminary Observations Chapter 2: Assessments on the Grounds For and Against Ground for the Direct Effect I: Rights of Individuals under the WTO agreements Human Rights Dimension of the WTO Agreements Assessment of the Relation between Human Rights and WTO Agreements Conflicts as a Result of Different Perceptions of the Relationship among States, Individuals, and the Market WTO Provisions Embodying the Protection for Human Rights Ground for the Direct Effect II: the Effectiveness of the WTO Agreements Grounds Against Direct Effect I: Allocation of Competence Between the WTO and the Member States Transnational Nature of the Implementation of the WTO rules Inadequate Intervention on the Implementation of the WTO rules

7 2.4. Grounds Against Direct Effect II: Lack of Legitimacy in Terms of Democracy and Constitutional Principles Grounds Against the Direct Effect III: Practical Problems of Direct Effect Conclusion Summary References