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Research on the Implementation System of WTO Dispute Settlement Mechanism

Author: LiuYang
Tutor: LiLiHong
School: Tianjin University of Finance and Economics
Course: International Law
Keywords: WTO dispute settlement mechanism Ruling Executive defects Implementation of the system
CLC: D996.1
Type: Master's thesis
Year: 2011
Downloads: 123
Quote: 0
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Abstract


WTO dispute settlement mechanism to resolve trade disputes between WTO members to safeguard the health of WTO multilateral trade system has made tremendous contribution to the operation. WTO dispute settlement mechanism as the last one program execution system, and its importance is self-evident. Judicial decisions can be effectively implemented, the legal system is investigated a dispute settlement mechanism is complete, whether the effective functioning of an important measure. However, in the WTO dispute settlement practice, implementation of the system exposed many problems and shortcomings, not only the case of frequent cutting, which makes WTO members have to re-examine the system. Currently, how to Dispute Settlement Body rulings enforcement mechanism to modify has become a hot research field and the World Trade Organization negotiations one of the issues in terms of the implementation of the GATT WTO procedures than a clear time limit specified by the monitoring mechanism, the compensation program, retaliation programs, especially cross-retaliation procedures increased enforcement of DSB rulings, but it is difficult to avoid the presence of its own shortcomings, such as easy to malicious use reasonable period, implementation monitoring program rules are too simple, cross-retaliation is unfair to developing countries so , which makes the mechanism itself has not only failed to promote the settlement of disputes, it will trigger a series of other problems, and thus its reforms. DSU negotiations lasted for many years, DSU reform issues for WTO members have also brainstorming, and China, as a member of the WTO in recent years, with the other members of WTO trade disputes into a gradually increasing trend, and has truly feel the challenge of implementation of the system, How to actively respond to real problems facing our country also. Thus our case, the WTO dispute settlement mechanism to study the implementation of the system is significant. This paper aims to comprehensive, multi-angle analysis of the implementation of this decision procedure system and objectively assess its value, role, through empirical and comparative analysis methods identify their advantages and disadvantages, and strive through the main operative provisions of the DSU interpretation, combined with the WTO Members of the DSU to modify the proposal, summarized the reality of judgment runtime operation and found problems and urgent perfect, and the corresponding reform proposals seek to further develop the WTO dispute settlement mechanism and its implementation program of research, to promote active participation of all countries and the peaceful settlement of international trade disputes, safeguarding and realizing the national economic interest to contribute. And on this basis, puts forward the implementation of the system to deal with this controllability suggestions for better use of the system to build a bridge.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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