Research On The Disputes Settlement Mechanism Of World Trade Organization

Dispute Settlement Mechanism (DSM) of World Trade Organization (WTO), which is originated from Article 22 and 23 of the General Agreement on Tariffs and Trade (GATT 1947), becomes an integrated organism encompassing the several agreements as its concrete rule and the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) as its procedural rule. Compared with that of GATT1947, the DSM of WTO is strengthened and streamlined. It is general recognized and accepted by the members of WTO.DSM is a judicial mechanism, only those governmental members can take an action according to DSU, and attorney could joint the action as a representative of the government. Some Non-governmental Organizations (NGOs) may also effect the adjudication by Amicus Curia Briefs in effect, although there is no precedent at present. Members of WTO can resort to the DSM by the cause of Voilation Complaints, non-Voilation Complaints, and Situation Complaints.From the experience of USA and Europe Union (EU, former as Europe Communities), DSM of WTO also has its shortcomings because it is an inter-governmental organization managed by its members collectively. But it is a negotiation place and dispute settle channel for the members. The history of integated this Mechanism of the Japan and South Korean set an example for us.The traditional way for settling the trade and economic dispute with other states of China is by diplomatic way, it is not adapted with the development of the international ecnomics. As a member of WTO, we should use the DSM more and make it serve for the development of our country.