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Research On The Implementation System Of WTO Dispute Settlement Mechanism

Posted on:2012-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166330335475545Subject:International Law
Abstract/Summary:PDF Full Text Request
WTO dispute settlement mechanism has made tremendous contributions to resolve trade disputes between WTO members, and safeguard the healthy operation of the WTO multilateral trading system. As the last program execution system, the importance of WTO dispute settlement mechanism is self-evident. Whether judicial decisions can be effectively implemented is an important measure to investigate if a dispute settlement mechanism of the legal system can function effectively and completely. However, in the practice of WTO dispute settlement, the implementation system revealed many problems and shortcomings. In many cases, there is no way to execute but only have a judgment, which makes the WTO members have to re-examine the system. At present, how to modify the implementation mechanism of the DSB have become a hot research field and one topic of the World Trade Organization negotiations.Compared to the implementation of GATT, WTO procedural requirements in terms of a clear time limit, through the monitoring mechanisms, compensation procedures, retaliation procedures, particularly cross-retaliation procedures increased enforcement of DSB rulings. But it's also difficult to avoid missing its drawbacks. For example, malicious use of a reasonable period of easy to perform supervision and rules of procedure is too simple, cross-retaliation is unfair to developing countries and so on, which makes the mechanism itself has not only failed to promote dispute resolution, it will trigger a series of other problems, so its reform is imperative. DSU negotiations have lasted for many years, WTO members have made many advices for the topic of DSU reforming, China,as a member of the WTO, trade with other members of the WTO dispute into a gradually increasing trend in recent years, and has truly feel the challenge of implementation of the system, how to actively respond to the problem is the reality facing our country. Thus in China, the WTO dispute settlement mechanism on the implementation of the system studied is of great significance.This paper aims to a comprehensive, multi-angle analysis of the implementation of this decision procedure system, objective evaluation of their status, role, through empirical and comparative analysis of methods to clarify its advantages and disadvantages, and strive to perform on the main provisions of DSU interpretation, combined with the WTO proposals for revisions to the members of the DSU, the reality of the implementation phase induction operation of award and found that perfect place and urgent problems, and puts forward proposals for reform and strive to further the implementation of WTO dispute settlement mechanism and study on the process, and promote active participation of all countries and peaceful settlement of international trade disputes, maintenance, and contribute to achieving national economic interests. And to puts forward controllable proposals as the response to the implementation system for our great use of it.
Keywords/Search Tags:WTO Dispute Settlement Mechanism, Judgment, Implementation defects, Implementation System
PDF Full Text Request
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