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Dr. Navid R Sato

2009

China

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The Scope And Application Of “General Principle Of Necessity” In Panel Report On China’S Protection Of Intellectual Property Rights, Navid R. Sato Aug 2009

The Scope And Application Of “General Principle Of Necessity” In Panel Report On China’S Protection Of Intellectual Property Rights, Navid R. Sato

Dr. Navid R Sato

World Trade Organization (WTO) as a leading global governance institution tremendously has affected the sovereignty of its Members by providing an institutional legal framework by which states can challenge sovereignty of each other. WTO Panels and the Appellate Body (WTO Tribunals) in order to “clarify existing provisions” of WTO Agreements and to bring “security and predictability” to the legal regime have put in practice some general principles such as due process or good faith and etc within the WTO adjudicatory system. One of the general principles that WTO tribunals have developed and established is “general principle of necessity” within the …