On Remedies In WTO Dispute Settlement Mechanism

The function of remedies in WTO dispute settlement mechanism is not only protecting the members rights positively, but also implementing WTO recommendations and rulings smoothly. With the rapid development of China's international trade, the trade disputes concerning China are increasing unprecedented within the WTO system. Therefore, it is very important for China to study the WTO remedies and its perfection, which is significant for protecting China's interests and for China's participation in WTO dispute settlement mechanism.By comparative and case approach, the author puts forward the view that some feasible proposals should be adopted on how to perfect the existing WTO remedies, seeing from the analysis of the revision on the Understanding on Rules and Procedures Governing the Settlement of Disputes in the Doha Round negotiations.In addition to the introduction and conclusion, this paper is divided into four parts.The first part discusses the types, the features and the significance of the WTO remedies. According to the Understanding on Rules and Procedures Governing the Settlement of Disputes, there are three types of the WTO remedies:the measures of withdrawal of inconsistent with the covered agreement'provisions, compensation and suspension of concessions or other obligations. The remedies'characteristics are sequential, compliant, prospective and non-punitive. The significance of WTO remedies is as follows:It is conducive to ensuring the WTO members'rights, to urging the illegal parties to fulfill their legal obligations, and to maintaining fair and orderly international trade environment.The second part analyzes the existing defects of the WTO remedies from five aspects. Firstly, it only has theoretical meaning on the measures of compensation and suspension of concessions or other obligations, which are lack of feasibility in practice. Secondly, WTO remedies are inadequate. Thirdly, the enterprises suffered from damage can not get remedy effectively. Fourthly, remedy measures are not deterred enough for the prospective and non-punitive. Fifthly, developing countries are facing more serious problems in protecting their own rights than developed countries.The third part explores the proposals on how to make the existing remedies more feasible and effective. With regard to the compensation remedy, the author makes following suggestions:introduction of explicit provision on monetary compensation in Understanding on Rules and Procedures Governing the Settlement of Disputes; retention of voluntary and noncompulsory characteristic of compensation; introduction of compensation fund to ensure the implementation of monetary compensation; perfection of the monetary compensation's prospective problem; improvement of the determination of the mount of the monetary compensation; entitling the right of enterprises suffered from damage to appeal to the WTO remedies. In respect of the suspension of concessions or other obligations, the author presents following suggestions:allowing developing countries to retaliate to developed countries disorderly; the time of the level of nullification or impairment should be in advance; the prohibition of the transfer of the retaliation and the collective retaliation; extending the areas of cross-retaliation to the field of intellectual property.The fourth part studies the necessity and concrete proposals on the reference from the interim protection measure of International Court of Justice and the limitation of actions. Considering the members'different political and economic demands on the remedy measures under current system, there are some inherent flaws irreparably. Therefore, the author puts forward the view that it is necessary to draw experience from the interim protection measure of International Court of Justice and domestic limitation of actions, and to prevent the party from the injured.