The Mechanism Of GATT/WTO DSB: Power-oriented Rule-oriented And Capacity Constrains

The Mechanism of GATT /WTO DSB has realized transition from power-oriented to rule-oriented, so it can offer a comparative effective interest protection system for developing country. But, in effect, the signification of formally equality in rules is very limited. Basing on the practice of the Mechanism of GATT /WTO DSB and the participation of developing countries in GATT/WTO, we can see that, in the existing dispute settlement mechanism, the puny strength developing country, in deed, is not enjoy the fair choice and treatment. In the formally fairness rules, it is difficult to ensure the resolve between the developed countries and the developing countries. At the same time, the rule itself is not perfect. So, we can conclude that this mechanism is not the effective dispute settlement mechanism for the developing country. Even though realizing the equality in rule, the developing country also does not completely participate into the dispute settlement mechanism, because it's self capacity constrains. So, we need to adjust and consummate the Mechanism of GATT /WTO DSB, this also need make great efforts both the developing countries and the developed countries.Foreword: For the past 50 years'evolvement of the Mechanism of GATT /WTO DSB, the development direction is from power-oriented to rule-oriented. But actually, to most of developing countries, au pair rules are not equal to au pair profit, Whereas, especial preferential rules for developing countries are a better way for avoiding actual inequality.Chapter one the Evolvement of DSB Mechanism from GATT to WTO: expatiate the evolvement process of the DSB Mechanism from GATT to WTO. In order to have a good understanding on policy orientation and capacity constrains of the Mechanism of GATT /WTO DSB, we need, at first, to retrospect the history of this Mechanism. Firstly, the article states the main...