The Initial Research Of CITT

Canada is a global economic powerhouse and an international trading nation, whose trade volume almost accounts for half of its GDP. A Large volume of trade leads to the occurrence of trade disputes inevitably, especially in the context of economic globalization. The growing complexity of international trade disputes has caused obstruction to the Canadian international trade development. In this context, in 1988, as the most major independent body that reviews Canadian trade policy and solves trade disputes, the Canadian International Trade Tribunal (CITT) had come into being, which has provided the legal mechanism to the Canadian trade dispute settlement and promoted Canada's foreign trade smoothly.CITT is a independent organization which includes a set of administration and justice; it is responsible to the Canadian Parliament directly through the Finance Minister without any other administrative organ's leadership. As for the jurisdiction, CITT is in charge of the domestic jurisdiction for the matters relate to Canadian trade. When the administrative adjudication for the trade cases made by CITT relates to the numbers of NAFTA, the jurisdiction of CITT and NAFTA is a selective and exclusive jurisdiction; when the decisions involve other members of the WTO except NAFTA members, the Members'domestic enterprises can sue to the CITT, their government can also direct to submit the dispute to the WTO, then resolve the trade disputes at the international level by start the WTO dispute settlement mechanism.About the application of the law, CITT is not only applicable to Canadian trade-related domestic laws, but also apply to the WTO rules. In addition, CITT's programs include judicial review procedures and administrative review procedures, which are decided by its nature of half administrative and quasi-judicial. Its administration is mainly embodied in the investigations on anti-dumping, countervailing and other cases; the judicial is reflected in trade policy and reviews on the administrative decisions.CITT is not traditional Judiciary; it is a quasi-judicial body with certain judicial function. It's executive and judicial function is fundamental characteristic that distinguish it from other Canadian administrative or judicial agencies. It is because of such features that CITT can try the trade dispute cases quickly and not lose fair, which conform to the requirements of combination of justice and efficiency in the current trade dispute cases.As the world's third largest trading nation, Chinese domestic trade remedy mechanisms are relatively backward. In the process of the legality of international trade, China should learn from the successful experience of CITT and establish our independent trade review and disputes settlement agency, resolve international trade disputes by the means of diversification, and promote trade liberalization and trade legality.