The Ruling Compliance System In The Implementation Mechanism Of Wto Dispute Settlement

The effective implementation of the law is significant and fundamental for achieving the goal of the law itself, and being enforceable is also one of the basic attributes of the law. WTO is the only international organization governing global trade in the world, and the Dispute Settlement Mechanism thereof established by DSU plays an indispensable role in effectively resolving trade disputes. General rule of DSU also states that the WTO dispute settlement mechanism is the center of the link to provide security and predictability to the multilateral trading system. Rulings made by The WTO dispute settlement body(DSB) is indispensable to the WTO legal system, the stand or fall of compliance of such rulings relates not only to the stability of the multilateral trading system but also the development, recognition and authority of the WTO itself. But as a result of the fact that there is no supranational enforcement agencies to ensure compliance of international law, therefore, as the other international organizations, the WTO faces multiple challenges from both theory and practice aspects in law enforcement, particularly to ensure the compliance of its rulings. Since joined the WTO in 2001, firstly China participates in the WTO dispute settlement practices as a third party. In recent years, with the deepening of performance of China’s WTO commitments and the rapid development of China’s foreign trade, China’s trade disputes with major trading partners are increasing, especially since the financial crisis, many of which have been appealed to the WTO. On the other hand, along with China’s growing actual combat experience in WTO, China also resolves trade disputes with major trading partners more and more by the WTO dispute settlement mechanism.Therefore, no matter as a defendant or a plaintiff, China has been or will be facing implementation problems of the DSB rulings. Therefore, through a comprehensive study on running situation and legal practice of the compliance system of WTO dispute settlement rulings, this thesis reveals the problems existing in the compliance system of WTO dispute settlement rulings, and helps practitioners to understand and apply the execution system in our country, and to better protect our own interests in specific trade dispute resolution proceedings. This thesis, through three-dimension legal research on the historical investigation, current status and reform direction of the compliance system of WTO dispute settlement rulings, on one hand, clarifies the WTO dispute resolution performance of the hot and difficult problems in the proceedings, on the other hand, combing out the current status of performance of DSB rulings of main members of the WTO, finally, it summarizes China’s stance and countermeasure on WTO dispute resolution performance of the system, and also provides a reference for relevant DSU reform advice in our country. The first chapter is the general part, which defines and explains the concepts and the basic issues involved, at the same time describes the creation of DSU ruling execution mechanism and DSU ruling performance system of enforcement mechanisms, and introduces the theory and the practice significance of this thesis. The second chapter to the fifth chapter respectively discusses the legal theory and empirical analysis of the compliance system of the WTO dispute settlement from three aspects: past, present and future. Among them, the fourth chapter focuses on status of performance of DSB rulings and relevant domestic legal system of WTO main members, with various reports of dispute resolution of DSB, statistical reports of relevant WTO commissions, the USTR and CRS reports, as well as relevant legal documents and official reports being the data source, researches and analyzes respectively on the time span, measures involved and implementation status, combing out the practice status of performance of DSB rulings of WTO main members and their true attitude towards the WTO and the multilateral trade system. The current ongoing DSU reform negotiations agenda is to further clarify and improve the DSU itself, which is also a process to further safeguard the WTO member’s national interests by modifying DSU. Under the guidance of this research aim, chapter five and chapter six bases on the basic position to better serve China, tries to put forward "China benefit type" DSU reform advice, and provides countermeasures and suggestions on ruling compliance system for China to utilize and participate in the WTO dispute settlement mechanism. As a conclusion of the above, the last chapter summarized the whole thesis.