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WTO Dispute Settlement Proceedings of third party rights

Author: WuHaiXia
Tutor: ZhaoShaoQun
School: Guizhou University
Course: Legal
Keywords: WTO dispute settlement procedures Third Party Rights of third parties Panel procedure Appeal procedures
CLC: D996.1
Type: Master's thesis
Year: 2008
Downloads: 101
Quote: 2
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Abstract


Third-party system is the WTO dispute settlement mechanism is a very important one system. Since China joined the WTO relatively late, the rights of third parties currently relatively little research, and mainly confined to the DSU, Article 10 on the interpretation of the first paragraph 2,3,4. Some scholars describes the historical development of third party rights, the rights of third parties and the problems, which put forward their own proposals. Of course, there are some scholars of certain provisions of rights of third parties conducted in-depth research, and these documents are mainly based on case through the exercise of the rights of third parties to participate in the WTO dispute settlement research. Because third-party system is a very important institution, and therefore research is necessary. Internationally, many developed countries due to join the WTO, our time is relatively long, so third-party rights in these countries, the study is relatively advanced. According to relevant statistics shows that the U.S. and the EU are often used members of the dispute settlement mechanism. Meanwhile, the United States is also involved as a third party dispute resolution than any other country. Some U.S. scholars have advocated the expansion of the practice of dispute settlement rights of third parties, it is because WTO is a complex system of rules built on top of the multilateral trade organization, it is in this framework agreement to form an extremely tough. At the same time, expand the rights of third parties to make the right decisions in favor expert and reduce litigation costs. Therefore, the rights of third parties abroad, research is how to effectively expand third party rights in the dispute settlement procedure. This paper uses a comparative analysis and case analysis of two research methods. The first part is about the rights of third parties overview describes the contents of third party rights, GATT rights of third parties during the period of the content and the WTO rights of third parties content, third-party complaint with the domestic China comparison in the third person, There Doha Round on the proposal to increase the rights of third parties. The second part describes the dispute settlement procedures of the rights of third parties, which is the centerpiece of this article can be roughly divided into four program rights, namely the rights of third parties in the consultation process, the group program rights of third parties, The appeal process rights of third parties, rights of third parties in arbitration proceedings, including expert third party rights in the program is a core part. The third part is about the Chinese as a third party involved in the dispute settlement procedures of the practice. First, China as a third party involved in the dispute settlement preliminary statistics, and then analyze the characteristics of China's participation in practice, so as to China's participation in the dispute settlement procedures provided suggestions to make China better use of third-party dispute settlement rights, for more trade interests.

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