Research On Trade Retaliation Mechanism Of WTO

The World Trade Organization (i.e. WTO) has the pivotal status and the function now in the international society, its operation situation direct or indirect relation international economy order and political order, relates the world lasting peace.Speaking of this kind of member over hundred, covering cargo trade, the trade in services and the intellectual property rights question's large-scale International organization, its conflict mechanism is essential, it is safeguards the WTO various agreements implementation the powerful method, is the WTO this multilateral trading system provides the security and the foresighted core essential factor.Achieves according to Uruguay round negotiations in "Solves Rule And Procedure Forgiveness about Conflict" (i.e. DSU), a complete conflict solves the procedure including theconsultation procedure, the technical panel procedure, the appeal appraisal procedure and the executive routine and so on several stages.Because the legal execution rate inspects the law valid most important measurables, therefore carried out the mechanism to be possible saying that was in the dispute settlement mechanism central content.In order to guarantee policy mix (DSB) the suggestion and the ruling can carry out, DSU had stipulated three kinds carry out the method:To does not conform to the WTO agreement measure to withdraw, the compensation and the retaliation.The retaliation achievement carries out in the method final, the most powerful precautionary measure, is holding the very important status in the dispute settlement mechanism, it strengthened WTO to carry out the mechanism, could the enormous enhancement carry out the mechanism validity and the reliability, was urging the concerned member side prompt and the comprehensive place fulfillment ruling aspect is playing the vital role.But the retalitory measure has caused the widespread dispute from its date of birth, the scholars to its fairness, the rationality and the validity had different opinions. As a result of the retalitory measure status'sparticularity, the function importance as well as toitsappraisal's multiplicity,performs the special study to have the important meaning.Meanwhile, according to the world bank's latest report, a study released since China entered wto, anti-dumping, special safeguard measures and textiles special safeguard measure has become the major problem facing Chinese exporters. According to statistics, since the end of 2005 in 1979 were launched in overseas Chinese products since rapunzel-like anti-dumping, anti-subsidy and safeguard measures and special security measures, the survey case involving 4000 merchandise, affect China billions of dollars of export trade. Another according to the development research center of the state council foreign economic research statistics,2002 to 2004, China 71 percent of enterprises and 39 percent of products in different extent by the influence of the technical trade barriers, the loss of amount of total trade 17%. China has become a member of WTO, international trade dispute inevitably, therefore, should strengthen the research of retaliation for our country to expand its beneficial effects on our country's narrow in adverse effect, use it protect our interests, but also to do the reprisals by other countries preparations.