A Study On The Implementation Of WTO Dispute Settlement Mechanism

WTO is an international organization World Trade Organization only specification, the dispute settlement mechanism and other international legal dispute settlement mechanism in comparison, has great superiority in numbers, to resolve trade disputes in safeguarding interests of members achievements, known as the "crown jewel".The WTO dispute settlement mechanism, the verdict is the center, is an indispensable core elements of the WTO legal system, and the execution is the lifeline, whose quality is related to the stability and development of the multilateral trading system.WTO is very concerned about the ruling on the implementation issues, specifically created a set of arrangement of system, the implementation of procedures for the award of the WTO provide a guarantee in system implementation. In practice, there are about aspects of the implementation of the abundant case, on the operation of the implementation will enable us to look upon the WTO dispute settlement mechanism. On the effective participation of China to the WTO dispute settlement mechanism is very important, it is not only necessary, but also very urgent.In this paper, in addition to the introduction and conclusion, is divided into five parts.The first part is an overview of the WTO dispute settlement mechanism executive program. Starting from the definition and characteristics, introduces the basic principle of WTO dispute settlement mechanism and the reform direction of the execution of the program.The second part mainly discusses the standards for determining the reasonable period of time, in a reasonable period of time for analysis of vague provisions of DSB, combined with the members case and the Doha round of practice is proposed, and puts forward some suggestions for modification.The third part discusses the implementation of review procedures, the DSU of the problem provides a relatively simple, the controversial content of many implementation review procedure to need to be solved, this chapter of the compliance review procedure about time, subject and the terms of reference of the panel and the problems are discussed. The fourth part sequence on the compliance review procedure and trade retaliation is discussed, combined with the approach in the practice and the difficulties encountered, combined with the views of scholars, put forward the solution.The fifth part of the temporary by non execution and the execution is not legitimate caused by relief measures were analyzed, respectively positioned on the compensation and retaliation, defect analysis provides compensation and retaliation in DSU, respectively, the proposed amendments.