China has become a WTO me mber for about ni ne years .Evaluating and reflecting on China's gain and loss is imperative . With significant interdependence and cooperation among countries and the notion of "global governance" ,the international rule of law constitutes a reasonable reaction toward globalization.As a crucial component of international rule of law,the WTO rule of law is a typical example of international rule of law.Simi lar to the garden- variety rule of law,the tension bet ween value andinstrumentality as well as the divergence bet weenformal rule of lawand substantial rule of lawbot h exist inthe WTOrule of law.The WTOrule of lawshares certain commonality withthe domestic rule of law,while showi ng some differences when compared withthe domesticrule of law.Particularly,the WTO dispute settlement mechanismconstitutes one of the significant pillars of the WTOrule of law.The series of "zeroi ng" cases in the perspective of WTOdispute settlement mechanismhas illustrated the status quo of the WTO rule of law. However ,the WTO rule of law also has its own limitations . While bringi ng opportunities ,improvi ng the WTOrule of lawalsoimposes challenges ,and thus it becomes necessary to re- define sovereignty.The WTOrule of lawhas significantlyinfluenced China's rule of lawinthe areas of legislation,adi udication as well as legal implementation.At the same time ,the mutual encouragement and positive interactions bet ween China's rule of lawandthe WTOrule of lawis also crucial :we should make the good use of the WTOdispute settlement mechanism,participate in the international rulemaking,and integrate various forces to push China's rule of law by seizi ng appropriate opportunities.
赵 骏 韩小安. WTO法治和中国法治的砥砺与互动[J]. 浙江大学学报(人文社会科学版), 2011, 41(5): 147-162.
Zhao Jun Han Xiaoan. Mutual Encouragement and lnteractions bet ween WTO Rule of Law and China's Rule of Law. , 2011, 41(5): 147-162.