Analysis And Countermeasures About The Developing Countries Use The WTO Dispute Settlement Mechanism

Since 2001 when China joined the World Trade Organization (WTO), there has been a rapid development in its foreign trade. China's participation in international competition and cooperation is continuously deepened and expanded. At the same time, the possibility of trade dispute between China and other countries or regions is increasing. Therefore, a significant problem that we are confronted with is how to solve trade disputes smoothly and effectively. In order to balance the developed and developing countries, the dispute settlement regulation of the WTO has enforced a number of preferential policies for developing countries. China, as a developing country, should study these preferential policies and analyze their pros and cons in order to take better advantage of the policies and protect its legitimate rights and interests.Starting from an introduction of those preferential policies for developing countries enforced by the dispute settlement regulation of the WTO, this paper has illustrated and analyzed the preferential policies both in theory and reality. Combined with the practice performed by developing countries in the WTO, based on China's specific situations, the author has proposed some solutions to settle trade disputes in this paper.In the first two chapters, it has been illustrated the preferential policies for developing countries and practices performed by developing countries. In the first chapter, the author has conducted an analysis of the basic principles and specific regulations in the preferential policies for developing countries with an emphasis on the latter. There is an illustration of four aspects in the specific regulations: consultations, expert groups, implementations and supervisions of recommendations and decisions, and legal aid as the last aspect. The second chapter concerns the practices performed by developing countries in dispute settlement. The preferential policies for developing countries enforced by the dispute settlement regulation are presented through substantive and procedural laws. Although there are cases of success in the practices performed by developing countries, there are substantial problems restricting effective settlement of disputes conducted by developing countries.The second section including chapter 3 & 4 concerns the obstacles that developing countries have met and the reform as wells as the improvement of the dispute settlement regulation. In Chapter 3, the author has elaborated the challenges caused by their weakness of economy when developing countries are practicing the preferential policies. Chapter 4 concludes the reform and improvement of dispute settlement regulation. A number of problems which exist in the dispute settlement regulations lead to developing countries being unable to put the regulations into practice. Therefore it is of great necessity to reform and improve the regulation. The most significant flaws in the regulations are the ambiguity of the lines and lack of implementation into practice. This should be analyzed and fixed under specific circumstances.The third section consisting of chapter 4 &5 is about China's solutions to dispute settlement. In chapter 4, based on the previous analyses, the author has discussed the disadvantages which exist in the implementation of dispute settlement regulations and put forward his proposals. In Chapter 5, the author has conducted comprehensive analyses and evaluations combined with some significant cases of China's participation in dispute settlement.