On The Implementation Institution Of DSB Report: From Construction To Transformation

Dispute settlement mechanism is the bright pearl on the crown of WTO. However, whether it is really lustrous and brilliant depends on the implementation institution of DSB report. Up to now, DSB has already adopted reports in more than a hundred cases, in which most of DSB reports have to enter the implementation procedure. The meaning of doing research on the implementation institution of DSB report mainly consists in finding out the substantial problems while applying the implementation institution of DSB report,reflecting upon its substantial deficiency and putting forward some projects about the substantial transformation of this institution, as well as looking for effective routes to realize these projects.The four parts of researching to the implementation institution of DSB report are as follows. The research on the construction of this institution includes its generation process, concrete contents, and functions. The research on the enforcement of this institution includes the timely, consistent and compulsive characteristic of implementing DSB report. The research on the objective of the transformation to this institution includes the values, the basic principles and the projects of the transformation. The research on the realization of this objective includes the choice of the legal routes, the participation subjects and institutions to this institution transformation.The innovation in this dissertation is as follows.Firstly, the author points out that the suspending concessions and other obligations are indirect enforcement measures to obligation to do act that should not be replaced. The author demonstrates that the implementation institution of DSB report has the function of promoting to realize intrnational rule of law in multilateral trading system.Secondly, the author analyzes the timely, consistent and compulsive characteristic to implement DSB report in need of implementation in 87 cases, as of 5 January 2007, from this demonstrates that there are substantial deficiencies in the implementation institution of DSB report: weak restriction on the implementation time limit; lack of remedies for the damage of flawed implementation; weak compulsive power of enforcement measures.Thirdly, the author demonstrates the system of the value objective and basic principles directing the transformation of the implementation institution of the DSB report. Based on this demonstration, this dissertation provides the transformation projects to cope with the substantial deficiency of the implementation institution of DSB report: Canceling the reasonable period time for deferring implementation, the implementation period and the reasonable period of time for deferring implementation should be recommended by DSB; Establishing the remedies for the damage of flawed implementation, including compulsory payment for deferring implementation and compensation for deferring implementation; Establishing indirect enforcement measures enforced by public power, but not abolishing indirect implementation measures enforced by self, namely, the suspending concessions and other obligations.Fourthly, this dissertation reveals that the various projects of different legal routes to realize the transformation of the implementation institution of DSB report have different significance on the substantial transformation of the institution. To realize the substantial transformation of the implementation institution of DSB report, the author advocates that we shall set a time limit for the negotiation on examining the DSU fully, and should allow to exchange the negotiation topics with those out of the DSU, and exchange the negotiation topics between the rules of DSB report implementation and the interior topics of the DSU. Besides, the author advocates that we shall require that DSB report should embody the time period of implementation, DSB should recommend the retrospective compensation, and WTO should adopt the majority vote mechanism for the decision-making system of revising the DSU. The author points out the bases of DSB recommending the retrospective compensation on the science of law, ethics, economics and contract theory.