Conflicts And Mediations Of Dispute Settlement Mechanism Of WTO Agreements And RTAs

The thesis is on the conflicts of laws and jurisdictions between Dispute Settlement Mechanism of WTO and RTAs. In recent years, along with the proliferation of RTAs and process of Doha Round, conflicts among agreement members, as well as agreement members and the third party become more and more intense. At the same time, this complex relationship raises many concerns, including the issues of overlaps of jurisdiction between dispute settlement under the WTO and RTAs as well as the isolation in interpreting law between WTO and RTAs's dispute settlement bodies, which may lead to the fragmentation of international trade law. As a result, in order to maintain the security and predictability of the world trading system, the mediation of DSM under WTO and RTAs needs to be effectively dealt with.The main part of this thesis is divided into four sections. Section one provides a general introduction to WTO Dispute Settlement Mechanism, on the aspects of characteristics, operation, and main problems of WTO DSM. In the second part, I will examine the coherence and conflicts between WTO and RATs Dispute Settlement Mechanism, on the basis of analysis of DSU Art.23. Case laws of Mexico Soft Drinks and Brazil Tyres will be analyzed in the third section, in order to research the conflicts of laws and overlaps of jurisdiction between Dispute Settlement Mechanism of WTO and RTAs. In the final part of the thesis some approaches are given on how conflicting norms and jurisdictions between RTA tribunals and the WTO could be addressed in order to mitigate the adverse effects of multiple proceedings and some suggestions for the further development of WTO and RTAs.