On China's Countermeasures To The WTO Dispute Settlement System

WTO Disputes Settlement System (DSU) is called Pearl on the Crown of the WTO. On December, 11th of 2001, China formally became the 143th member of the WTO on Doha conferences. How can we settle the trade disputes between China and other members of the WTO under the DSU? Especially how can we settle the trade disputes between one country, four members? At present the above problems should be solved immediately.The article firstly generalizes the origin, features and operation of the DSU. Secondly, it introduces the law and practice of some members of the WTO, mainly consisting of the USA, the EU and some developing countries. Thirdly, the article tells about China's traditional practice to settle the trade disputes between states and points out China faces some problems in applying the DSU because China was outside the gate of the GATT/WTO for a long time. Finally, the article clarifies China's countermeasures, which are developed in three aspects as follows: first, to settle trade disputes under the DSU, including comprehension of the whole process of the DSU, utilization of the status of developing members provided in the DSU and active participation in the negotiation of some topics of WTO , for example, the perfection of the rules of the DSU; second, to establish a domestic legal system by which the trade dispute can be settled quickly and validly, mainly including legislation, alteration and abrogation of law and regulations, reform of judicature consistent with the rules of the WTO and strengthening the construction of relevant organizations which include a state negotiation organization and a trade organization; third, to settle the trade dispute between one country, four members, the main countermeasures of which are the establishment of a free trade zone among two sides and four places, the reexamination and reapproval of the membership of Chinese Taibei and the renewal of concept to applicate the DSU well.