Study On The Application Of Non-Violation Complaint In GATT/WTO

Non-Violation Complaint was a very special part in GATT/WTO dispute settlement system, and which was also a very controversy part. As one of the three basic causes of complaint provided by GATT/WTO legal system,its exist was important,which effectively protect the results reached in the bilateral or multilateral trade negotiations.In other words, non-violation complaints have a function of"a procedural fastening of the loophole".so, we can say,the dispute between them actually also was a dispute between two kinds of legitimate.The anticipated benefit of the agreement was can be seen at the beginning,it is no doubt that legitimate.On the another side,the defendant's measure was without violation the law.If consider this measure as illegal will bring to the denial about the WTO law,destrust the WTO law's determinism and authority.so in the WTO ,we can consider it as legitimate.In the Non-Violation Complaint,the complainant as the defendant were legitimate on the legal principle theory of law and the actual rule Why such a rule appeared that the behaviors that do not violate any specific provisions of the agreements concerned could also be complaint? Is there any legal basis for such a rule to be relied on? Are there any realistic necessities for it to get apolied? What is the future of the Non-Violation Complaint in the WTO system, which gives more emphasis on a rigid, stable, and foreseeable rule system? All these problems are linked with each other and played an essential role in exploring such a characteristic rule including its application status as well as its development. In addition, for China, as a new and inexperienced member in WTO, an exact and flexible exertion of Non-Violation Complaint as a result of comprehensive understanding of its legal nature will be more practical and valuable.The analysis comes from three aspects.The first charter mainly illustrates the meanings and characteristic of Non-Violation Complaint. The second part involves the analysis of the specific application of Non-Violation Complaint in the major agreements of GATT/WTO,The third part synthesis the value and function about Non-Violation Complaint,from the function and flaw to determinate tendency in the future.In the first charter,the author from the meaning of GATT23.1(b) analysis the different among GATT1947,GATT1994 and DSU.so quotation the concept about Non-Violation Complaint from Cai Jun Feng.and then elaboration the historical root of the Non-Violation Complaint. The second section is on the foundation of the integrity of the GATT23,as compare to the Violation Complaint explain Non-Violation Complaint's essential in GATT23. which will undoubtedly benefit the grasp of its legal nature.In the second charter,from the development of the rule about Non-Violation Complaint, synthesis the constitution of the Non-Violation Complaint in the case. the analysis of the specific application of Non-Violation Complaint in the major agreements of GATT/WTO, including GATT, GATS and TRIPs based on some real cases analysis, especially the disputes arise from its application in TRIPs agreement.At last , analysis the application of Non-Violation Complaint in the Competition relations, Grey area measures and Environment trade.And the third charter, functioning as the core part, explores the positive and negative aspects of the Non-Violation Complaint and further makes corresponding conclusions regarding the future development mode of such a rule.At last give the suggestion about the application of the Non-Violation Complaint on the stand of China.