On The Retaliation Mechanism In The WTO Dispute Settlement System

DSU in WTO continued to reflect the spirit initiated at GATT1947, for retaliation regulation. And it adheres to the principles of amicable dispute international settlement and creates a set of more complete discipline (for its members to adopt). That makes WTO further implement its law-orientation and multilateralization. On the other hand, the installation of retaliation, especially the introduction of cross-retaliation, to a great extent, strengthens WTO regular coercive enforcement.Based on the traditional theory on retaliation mechanism, this article, by positivism and analysis, make a thorough study on the rules of DSU retaliation, including enforcement range, terms, and principles etc. It also expounds and proves a great shift in goal and function between the retaliation measures of DSU and that of GATT 1947. Moreover, in view that DSU retaliation does not thoroughly emerge from the traditional retaliation system, the author assumes there are a lot of defects in its rationality, impartiality and enforcement efficiency. As a result, the author center on these defects, goes deep into discussing' different improvement opinions.Since China's entry into WTO, how to make a full and rational utilization on this mechanism is a practical problem. In consideration of the retaliation mechanism theory and its great practical meaning, it is necessary to make a thorough and deep-going study into it. This article just has made a attempt about this term and welcome more perfect opinions.