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The Appellate And Review Procedures Mechanism Of The Wto Dispute Settlement Procedures

Posted on:2011-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2196330338991160Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Appellate and Review Procedures of WTO Dispute Settlement Procedures is a new international trade dispute settlement procedures, the DSU set out a series of the review rules and procedures. the appeal procedures for examining in international trade dispute settlement process, in strict law is applicable and proper interpretation of the WTO, maintaining the fairness and to prevent and alleviate almost automatically by the panel report possible negative factor has played an important role.But in actual operation, The Appellate and Review Procedures of WTO Dispute Settlement Procedures is still revealed a series of inadequate and flawed. This article from a large number of cases, allocator the members of the appeal mechanism set, the appellate body to accept the vacancy period, the appeal case in short, the appeal procedures for examining the transparency of the appeal is not high, the current voting mechanism that deficiency. To further improve the Appellate and Review Procedures of WTO Dispute Settlement Procedures , This article allocator the international court of trial procedures and the European court of appeal examined the program,and the contrast of the Appellate and Review Procedures of WTO Dispute Settlement Procedures, appeals to the WTO examination of the existence of deficiencies is set up to the point to improve and suggestions, which mainly consists of the permanent members of the appeal mechanism set, increase of the appeal mechanism for dispute appeal the space of the tribunals, To different types of the different appeal cases regulations, improve the transparency of the review and appeal mechanism of the vote on the way to the"reduction of X agree"or"backwards to X agreed",give the appellate body remanded.The perfection of the the Appellate and Review Procedures of WTO Dispute Settlement Procedures is the security of the procedure justice.Not only can maintenance the dnue of the WTO law, reinforce all citizens widely identification the wto dispute settlement mechanism, but also appeal cases have a fair and reasonable, and safeguard the legitimate rights and interests of parties to fully realize the appeal procedures for examining the set purpose.
Keywords/Search Tags:Standing appellate body, The Appellate and Review Procedures, WTO Dispute Settlement Procedures, international court of justice, European court of justice
PDF Full Text Request
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