WTO's Legal Rulings On RTAs

WTO multilateral trade system and Regional trade liberalization are two major ways to realize trade liberalization. The former is the best way and the latter is the sub-best one.GATT/WTO Members decide to realize legal rulings on RTAs through substantial requirements and procedural conditions provided by GATT XXIV, the Enabling Clause and GATS V, as well as other related systemic arrangements. From the very beginning, the GATT/WTO System expressed its intention to control its members'concluding or participating RTAs. However, historical evolution and the impacts which RTAs'proliferation brings to WTO System show that WTO's legal rulings on RTAs have many flaws and deficiencies.In respect of the WTO rules, i.e. GATT XXIV and its Understanding, the Enabling Clause and GATS V etc., there are many interpretative problems concerning certain unclear provisions and concepts. In respect of the multilateral surveillance on RTAs, the system is lack of transparency and the CRTA's multilateral review is lack of effect and efficiency. As for DSB's judicial review on RTAs issues, DSB could not fulfill its functions as expected because of several reasons, inter alia, the uncertainty of the function relationship between DSB and CRTA, WTO Members'rarely submitting related dispute settlements, DSB's inactive on deciding related issues.From case studies, we can see that WTO rules and DSB decisions face resistance by RTAs or RTAs parties, and that dispute settlement systems of WTO and RTAs are parallely operating, both of which weaken WTO System's authority and effectiveness, and are not favor of achieving WTO System's legal pilot objects on RTAs.It's during the Doha Round negotiation. Suggestions were proposed by WTO members, different institutions, as well as scholars, practitioners and officials from various aspects. On the basis of analyzing two reformation models, as well as the reformation which has been fixed during the Doha Round and the current negotiations, the dissertation submits reformation thoughts and suggestions as follows:Firstly, to establish more promoted, detailed, and definite WTO rules according to practical needs based on the clarification of current WTO rules. Because of the complexity of these rules, it is proposed to give priority to certain material concepts and definitions, and fulfill the clarification in legal and technical aspects. The clarification could even be experimentally applied on provisional application basis in order to establish a favorable basis for a wholly clarification of current WTO rules and promotion of related WTO system as well.Secondly, to modify current procedural rules, improve the transparency, and give CRTA the uniform, exclusive and efficient surveillance mandate. At the same time, to clarify the mandate of CRTA to decide whether related RTA is conform with WTO rules, and to clarify the effect of CRTA's review result.Thirdly, to define that DSB does not have the judicial review function on RTAs'conformity issue, but DSB could assume that related RTA is conform with WTO rules when DSB is asked to decide whether WTO rules related to RTAs could be used to justify certain inconsistent RTAs measures. Meanwhile, a good function relationship between DSB and CRTA should be established on RTAs review issues.Fourthly, to harmonize the"parallel"operation relationship between WTO and RTAs. DSB's jurisdiction is proposed to be restricted to the trade disputes between RTAs party and non-RTAs party. Trade disputes between RTAs parties could be conditionally excluded from DSB's jurisdiction. Additionally, DSB could be mandated or encouraged to extend the"law application"scope to consider related provisions of RTAs law as well.