Research On The Execution Procedure In WTO Dispute Settlement Mechanism

Since the dispute settlement mechanism of WTO is famous for its efficiency ofdealing with trade disputes and protection of members’ benefits, it now is known asthe pearls. The rulings of this mechanism is the core element of the legal system ofWTO. Whether or not the rulings are implemented well, relates to the stability anddevelopment of multilateral trade mechanism.Hence, during the course of dispute settlement mechanism functioning, a lot ofproblems come along. The research targets of this article are as follow: analyzing theimplementation mechanism of WTO dispute settlement mechanism, putting forwardthe solutions of implementing WTO rulings and recommendations for China, andgiving some advice on the construction of relevant legal system for China. Theresearch methods of this article are empirical analysis, historical analysis andcomparison analysis. This article quotes many reports from Panel and Appellate Body,sets out the progress of Doha round, and finally does comparison research on thepractices of implementing WTO rulings and recommendations between China andUSA.Through the aforesaid research methods, the author concludes as follow: WTOrulings and recommendations have legal binding and the concerned parties have theobligations to implement the rulings and recommendations; the implementationmechanism of WTO dispute settlement mechanism has many problems, thecompletion of this mechanism is still in the progress, and the final results ofnegotiation round cannot be predicted; China should positively engage in thenegotiation, push forward the negotiation progress and protect the developingmembers’ benefits; China should use the implementation practice of USA as anexample to construct its own strategies of rulings’ implementation, in order to winadjusting time for the domestic affected industries as best it can; China shouldaccelerate its rate of constructing domestic legal system of ruling’s implementation,clarify the distribution of power and specific implementation procedures, andimplement WTO rulings through transformation and review.