经济全球化背景下世界贸易组织的国际法律地位

IF 0.5 Q4 ECONOMICS
Dr. Samira Eyvazova
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In connection with the differentiation of the components of the legal personality of the WTO, the definition of international legal capacity is given as the ability of a subject of international activity to acquire appropriate rights for itself by its own actions and to exercise them independently, as well as to create corresponding obligations for itself by its actions, to fulfil them independently and to bear responsibility in case of their non-fulfilment. In terms of the nature of this organisation, its place among other similar international organisations, in particular those operating within the framework of the UN, was invented by the field of activity, where attention is paid to the predominance of the latter in order to maintain international peace and security. 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引用次数: 0

摘要

本研究的主题是经济全球化背景下世贸组织国际法律地位的概念、理论、经验、方法和应用基础。研究方法。在研究过程中使用了一般科学方法和具体法律方法。在分析的帮助下,确定了国际贸易的定量和定性特征,这是确定经济全球化条件下世界贸易组织国际法律地位的先决条件。综合分析确保形成世贸组织作为国际组织的法律地位的特征。比较法律方法有助于确定国际组织在这一领域的共性和独特性,并阐明世贸组织在现代国际法律领域的法律人格的决定性方面。形式-法律方法为在经济全球化条件下就世贸组织法律人格在确保国际贸易规则领域的实施效果得出结论创造了条件。本文旨在确定经济全球化条件下世界贸易组织国际法律地位的特点。研究结果表明,世贸组织在经济全球化条件下的国际法律地位以国际贸易法律规范的基本原则为基础,并以该组织的活动宗旨、法人资格、领导机构的组建顺序和权力、运作原则和程序为中介。结论。从经济学和法学二分法的角度出发,探讨了世贸组织在经济全球化条件下的国际法律地位。通过主要分析世贸组织综合信息数据中反映的 1947-1948 年和 2017-2022 年期间的统计数据,以及对科学家个人理论思考的研究,研究了以关贸总协定、1947 年和世贸组织为形式的国际贸易规则出台的经济前提条件。统计指标显示出世界经济全球化的明显迹象,而世界经济全球化是以国际贸易运作为中介的,其结果是通过各种静态和动态的法律建设,在贸易活动框架内建立透明的商品流通机制,作为世界社会的一种存在,其中世界贸易组织与其他国际组织几乎占据了最重要的地位。COVID-2019 对国际贸易的影响就证明了这一点,其相应的反应是贸易进程的振兴,主要是在制药业产品领域。上述内容涵盖了在形式和实质层面对贸易关系进行国际法律调节的主要原则,这些原则是在全球国际法、区域国际法和国家层面上实施的。关于世贸组织法律人格组成部分的区别,国际法律行为能力的定义是:国际活动主体通过自己的行为为自己获得适当权利并独立行使这些权利的能力,以及通过自己的行为为自己设定相应义务、独立履行这些义务并在不履行这些义务时承担责任的能力。就该组织的性质而言,它在其他类似国际组织,特别是在联合国框架内运作的国际组织中的地位是由其活动领域决定的,在这一领域中,为了维护国际和平与安全,应注意后者的主导地位。世贸组织活动的目的是建立和确保国际、多边、开放、基于公平竞争和现代社会贸易固有的其他特征,在此基础上取代一些双边和多边协定的准程序时刻是这种活动的外部表现。它是世贸组织运作的原始和衍生法律文书的特点,确定了其活动的社会经济和法律目的,确定了世贸组织理事机构的结构和权力,并将该组织的法人地位集中在其活动的程序方面,特别是通过实施有关原则,其中最大贡献原则发挥了主导作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
INTERNATIONAL LEGAL STATUS OF THE WORLD TRADE ORGANISATION IN THE CONTEXT OF ECONOMIC GLOBALISATION
The subject of the study is the conceptual, theoretical, empirical, methodological and applied foundations of the international legal status of the WTO in the context of economic globalisation. Methodology. General scientific and specific legal methods were used in the research process. With the help of the analysis the quantitative and qualitative characteristics of international trade are determined as a prerequisite for the determination of the international legal status of the WTO in the conditions of economic globalisation. The synthesis ensured the formation of characteristic features of the legal status of the WTO as an international organisation. The comparative legal method allowed to identify the common and distinctive features of international organisations in this area, as well as to clarify the defining aspects of the legal personality of the WTO in the modern international legal field. The formal-legal method created the conditions for formulating conclusions on the effectiveness of the implementation of the legal personality of the WTO in the sphere of ensuring the rules of international trade in the conditions of economic globalisation. The purpose of this article is to identify the characteristics of the international legal status of the WTO under the conditions of economic globalisation. The results of the study showed that the international legal status of the WTO in the conditions of economic globalisation is based on the basic principles of legal regulation of international trade and is mediated by the purpose of activity, legal personality, the order of formation and powers of the governing bodies, principles and procedural aspects of the functioning of this organisation. Conclusion. The international legal status of the WTO in the conditions of economic globalisation is considered from the standpoint of a dichotomous approach to this category from the standpoint of economics and law. Economic preconditions for the introduction of international trade rules in the form of GATT, 1947 and WTO research through the analysis of primarily statistical data of the periods 1947-1948 and 2017-2022, reflected in the consolidated information data of the WTO, as well as the study of individual theoretical considerations of scientists. Statistical indicators show clear signs of globalisation of the world economy, which is mediated by international trade operations, as a result of which the creation of transparent mechanisms for the circulation of goods within the framework of trade activities as a kind of existence of the world community through various static and dynamic legal constructions, among which WOT occupies almost the most significant importance along with other international organisations. The above is demonstrated by the example of the impact of COVID-2019 on international trade, the corresponding reaction to which was the revitalisation of trade processes, primarily in the field of pharmaceutical industry products. The above has covered the main principles of international legal regulation of trade relations at the formal and substantive level, which is carried out at the universal international legal, regional international legal and national levels. In connection with the differentiation of the components of the legal personality of the WTO, the definition of international legal capacity is given as the ability of a subject of international activity to acquire appropriate rights for itself by its own actions and to exercise them independently, as well as to create corresponding obligations for itself by its actions, to fulfil them independently and to bear responsibility in case of their non-fulfilment. In terms of the nature of this organisation, its place among other similar international organisations, in particular those operating within the framework of the UN, was invented by the field of activity, where attention is paid to the predominance of the latter in order to maintain international peace and security. The purpose of the activities of the WTO is to create and ensure international, multilateral, open, based on fair competition and other features inherent to trade in modern society, where the quasi-procedural moment, based on the replacement of a number of bilateral and multilateral agreements, is an external manifestation of such activity. It characterises the original and derivative legal instruments of the WTO's operation, defines the socio-economic and legal purpose of its activities, defines the structure and powers of the WTO's governing bodies, and focuses the organisation's legal personality on the procedural aspect of its activities, in particular through the implementation of relevant principles, among which the principle of maximum contribution plays a leading role.
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