Study On The Relationship Between WTO And NAFTA Dispute Settlement Mechanisms

The WTO dispute settlement mechanism has been people's focus since its establishment. Nowadays, Regional Trade Agreements are increasing unexpectedly. The relationship between the two dispute settlements mechanisms, which ensure kinds of rules could be well operated, become one question that we must face. This paper's aim is not only to study the relationship of the two dispute settlemen, but also to locate them after analysising their conflict and fusion in practise, to make each one do its own things in order to ensure the circulation and liberalization of international trade, and to clean away obstacles from their disorder of the dispute settlement mechanisms.This paper is composed by six parts. The first part introduces the international economic dispute settlement mechanism; the second part contrasts dispute settlement rules of NAFTA and WTO; the third part analysises the conflict of them; the fourth part discusses their fusion; the fifth part studies some methods to solve the problems; the sixth part mainly introduce our country attaching itself to regional trade agreement and countermeasures we should adopt.The first part introduces the international economic dispute settlement in current situation. The author points out that the current international economic dispute settlement mechanism is based on conciliation, arbitration and litigation, represented by WTO dispute settlement mechanism, kinds of mechanisms coexicting and developing. This part also elaboratesWTO, NAFTA, ASEAN dispute settlement mechanisms and think that the relationship of WTO and regional dispute settlement mechanism is one question we must face, and this paper discusses it by taking NAFTA and WTO as an example.The second part contrasts dispute settlement rules of NAFTA and WTO, then analysises some paralleling litigation cases. At last, the author introduces the process of 2002 America-Canada softwood lumber cases , and analysises the main problem every case embodied , makes some advice to perfect NAFTA or WTO rules , according to rule-case-rule.The third part mainly discussed the conflict of dispute settlement machanism .First of all, the author analysises causes and consequences of conflicts. The author discusses some thoughts to solve it. In WTO dispute settlement practice, some suspending-jurisdiction is not related to regional trade agreements'jurisdiction. If one member country first sues at regional trade agreement dispute settlement mechanism, then repeats to sue at WTO dispute settlement mechanism, WTO dispute settlement mechanism always would accept and hear this case.The fourth part mainly discusses fusion of the two dispute settlement mechanisms. Firstly, the two dispute settlement mechaniams display the trend of fusion, embodying in common judicialization, similar rules and institutions, in addition, regional trade agreements'dispute settlement mechanisms drawing lessons from WTO adjudgements. The fifth part mostly analysises solutions. Some believe that WTO dispute settlement mechanism preferable, another considers that regional trade agreements'dispute settlement mechanisms are better. Then the author points out that the key to solve two dispute settlement mechanisms'contradiction is lying in country member's negotiation.The sixth part advices countermeasures we should adopt. Firstly, the author introduces regional trade agreements which we participated. Secondly, the author analysises some typical dispute- settlement- mechanisms. At last, the author points out that countermeasures we should adopt : such as actively negotitiating in rules , calmly dealing with them in practise , national interest is the basic point .