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WTO dispute settlement mechanism in developing countries Analysis

Author: ZhouShuYuan
Tutor: LiJuQian
School: China University of Political Science
Course: Legal
Keywords: WTO dispute settlement mechanism Developing country Differences and special and differential treatment
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 312
Quote: 3
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Abstract

The WTO management around the world multilateral trade between the smooth conduct of the most important international economic organizations, the WTO dispute settlement mechanism at the top of the GATT dispute settlement mechanism to inherit and improve basic as than the GATT dispute settlement mechanism and the existing international tribunals and other international dispute settlement mechanism should be improved and superior international dispute settlement mechanism. The WTO's dispute settlement mechanism is unique, the DSU new \an increasingly important role. As of July 2008 WTO153 a member of Fang members from developing countries in the WTO holds two-thirds of the seats. Due to the large number of developing country Members, and occupy an increasingly important role in the development of the global economy, and they will increasingly active foreign trade as an important tool for economic development, developing country Members in the WTO plays an increasingly The more important and active role. The DSU is based on the interests of the developed country members to develop, and thus must be unbalanced. Taking into account the special circumstances of developing countries, economic development, special provisions applicable for developing country members, and strive to make the DSU, the interests of all parties tend to be more balanced. The DSU differential and special treatment provisions for developing country Members to the participation of developing countries and use the WTO dispute settlement mechanism provides a convenient With the development and strength of the economies of developing countries, the participation of members from developing countries in WTO dispute settlement mechanism is more and more and more able to effectively use the WTO dispute settlement mechanism to safeguard their own economic interests. However, the DSU in the developing countries members of the differential and special treatment provisions, whether in developing countries use the WTO dispute settlement mechanism played a much, much role to play in the future but also whether its developing country members Fair or not, that is, the various parts of this paper is to be analyzed and discussed. This paper is divided into four parts to analyze and discuss the above issues. First Introduction part in the article, the author of the WTO and GATT, a brief introduction, followed by focus on a brief analysis of the GATT dispute settlement mechanism and the birth of the DSU, the WTO dispute settlement mechanism of progress and put forward this article to explore the central issues for the article for the next few parts of the analysis and discussion, paving the way. The first part of the historical development and current situation of the developing country Member in the WTO dispute settlement mechanism. First how to define the developing countries analyzed; followed by the main analysis of the birth of a developing country members in the first seven Round negotiations and the Uruguay Round negotiations in the course of the DSU; again on the development of the GATT countries to participate in the status of the WTO dispute settlement mechanism a brief introduction. The second part is an important part of this article, mainly on special and differential treatment for developing countries in the DSU. Difference and differential treatment provisions of the DSU in developing countries one by one introduced; then combined with the realities of developing countries for special and preferential treatment were analyzed, and find the difficulties of developing countries in the use of these special preferential treatment, the relevant provisions of the special treatment perfect views. The third part is also one of the focuses of this article, the analysis in the second part of the DSU in developing countries special and differential treatment based on the analysis of the practice of China's participation in WTO dispute settlement mechanism. This section first analyzes the three typical case of China's participation in the WTO dispute settlement mechanism; then analyzed and discussed in two typical areas of anti-dumping disputes and agricultural trade disputes; on the basis of the above analysis of practice, discussed the problems in the DSU and propose appropriate countermeasures. Part IV discusses the issues related to developing countries in the new round of negotiations of the WTO dispute settlement mechanism. First a brief introduction to the WTO New Round - the Doha Round negotiations, followed by the Doha Round dispute settlement issues and the issues involved in the negotiations, developing countries made a presentation and analysis; the last of China in the Doha Round dispute to resolve the issue in the negotiations made a presentation and discussion. Finally, after more than a few parts of the analysis and discussion, come to the conclusion of this article: WTO dispute settlement mechanism of the special treatment provisions for developing country Members, is trying to make more balanced the interests of WTO members, DSU dispute settlement mechanisms tend to be more fair. Developing countries should continue to pursue economic development, in order to gain a more important position in the WTO dispute settlement.

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