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WTO dispute settlement mechanism decades of development and improvement

Author: XuRiGang
Tutor: LiWei
School: China University of Political Science
Course: Legal
Keywords: Development and improvement Members of the party The multilateral trading system Proposal Basic situation Practice and Development Trade disputes Legal obligations Development and Innovation Dispute Settlement
CLC: D996.1
Type: Master's thesis
Year: 2005
Downloads: 313
Quote: 5
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Abstract


WTO dispute settlement mechanism is an important pillar of the multilateral trading system, has a central role in the WTO system. Since decades since January 1, 1995, it has successfully solved a large number of trade disputes between members, to be complied with legal obligations or the rules of the WTO multilateral trading system, the provisions of the correct interpretation of even the entire trading system effective operation provide a strong guarantee. However, in practice, the WTO dispute settlement mechanism also exposed many problems and defects, the need to reform and improve further. Examine the development and practice of the WTO dispute settlement mechanism based on each member of the party of the DSU reform proposal, the WTO dispute settlement mechanism decade to develop and improve the aspects of a number of issues to discuss and research. Analysis and exposition is divided into four parts: The first part is from the GATT to the WTO leap. In this paper, based on comparative analysis, talk about the background of the WTO dispute settlement mechanism, discusses the the WTO GATT dispute settlement mechanism of inheritance, development and innovation. The second part of the practice and development of the WTO dispute settlement mechanism decade. In this section, the empirical analysis method, combined with data released by the official website of the WTO and the specific case analyzed one by one, a few basic procedures of the WTO dispute settlement mechanism. Describes the basic characteristics of each program, the basic operation of each program a decade and the performance achieved, pointed out the problems and defects of each program. The third part of the reform and improvement of the WTO dispute settlement mechanism. This paper describes the WTO members approach the DSU reform proposals for improvements and clarifications \Each member of the party's proposal, the European Union, represented by members of the developed countries seem willing to be in the end of the WTO dispute settlement mechanism of judicial direction; U.S. proposal clearly hopes to strengthen the control of the parties to the dispute on the dispute settlement process; developing countries put forward the proposal of preferential measures in the dispute settlement procedures of the SD; distinctive proposals, there are some other members of the party. In this paper, Chairman of the draft of the proposals submitted by each member party and put forward some of their own views. In the fourth part of this article, a brief review of the practice after joining the WTO, China's participation in the WTO dispute settlement mechanism, and proposed some suggestions on China's participation in the WTO dispute settlement mechanism on this basis. At the end of this article, the WTO dispute settlement mechanism decades of development and improve the basic situation is summarized, and pointed out that the development and improvement of the WTO dispute settlement mechanism should have the confidence and wisdom. Practice and perfecting China should also actively participate in the WTO dispute settlement mechanism to make good use of WTO rules, in order to improve the welfare of our people, to play a constructive member of the party's role.

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