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On The Implementation System Of WTO Dispute Settlement

Posted on:2011-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y YueFull Text:PDF
GTID:2166360305976262Subject:International law
Abstract/Summary:PDF Full Text Request
The implementation of WTO dispute settlement is the most important part of the procedures of the WTO dispute settlement. In order to realize the value of the WTO dispute settlement mechanism, the DSB dispute rulings have to be completed successfully. The part of DSU about the implementation of dispute settlement exposed many flaws, which increase the difficulty of implementation. Therefore, the research of the implementation of WTO dispute settlement system has important practical significance.This paper consists of five parts. The implementation of the WTO dispute settlement is discussed in accordance with the DSU procedures, which includes the reasonable period of time, the procedures of implementation review and the temporary remedial measures.In the first part, I outline the execution of international judicial mechanisms, which include the execution effect and the implementation. I get a general idea of the international justice rulings through the comparison and analysis of ICJ and DSB to explain the implementation of WTO dispute settlement system.In the second part, I focus on criteria for the reasonable period of time. I analysis the imprecise terms and draw on the suggestions gived by the members in Doha Round, and then offer my suggestions.In the third part, I mainly discuss the procedures of implementation review. The rules of this part in DSU are very simple, leading to difficulties in the implementation. This chapter includes the subject, the time and the terms of reference of the expert group. I put forward my views combining the views of some scholars.In the forth part, I analyze the order of the procedures of implementation review and retaliation. I propose the solutions combining the approach in practice and the difficulties encountered.In the fifth part, I study on the temporary remedial measures caused by not executing or executing illegally. First, I define the nature of compensation and retaliation. Then I analyze the defects of the terms about compensation and retaliation. At last, I offer the recommendations for change.
Keywords/Search Tags:WTO dispute settlement mechanism, implementation, the reasonable period of time, procedures of implementation review, compensation & retaliation
PDF Full Text Request
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