Wto Dispute Settlement Mechanism And The Sino-us Trade Friction

WTO dispute settlement mechanism is the core of WTO system ,which is an important guarantee for the normal operation of WTO. Since the accession to WTO , China actively involved in the WTO dispute settlement activities, learning and adjusting the multilateral trade mechanism ,in order to safeguard the legitimate trade interests. Among them, the Dispute Settlement activities about China-US trade friction account for the largest share of the dispute resolution practice. China's accession to WTO change the resolution of China-US trade friction gradually from the bilateral diplomatic negotiations to the legal way of multilateral consultations and the experts consideration. China-US dispute settlement cases present many unique characteristics.Researching China-US trade friction can help us summarize these key features,improve our ability of using WTO dispute settlement mechanism to deal with China-US trade of friction,effectively promote the health and stablility of China-US economic and trade relations, thus maintain a sustained and healthy development of the relationship between the two countries.This paper studies China-US economic and trade relations and China-US trade friction after China's WTO accession through the unique perspective of the dispute settlement mechanism which belongs to the international economic law.The text is divided into four parts.The first part is an overview of WTO dispute settlement mechanism. The first introduces the evolution of WTO dispute settlement mechanism and basic principles. Dispute settlement mechanism originated from GATT1947, and the Uruguay Round DSU generates the formal establishment of dispute settlement mechanism; according to the provisions of DSU, the dispute settlement mechanism follows the principles of inheritance, maintenance of balanced rights and obligations, in good faith to resolve the dispute and preferential treatment for developing country members. The second introduces the main institutions and legal origin of WTO dispute settlement mechanism. Dispute settlement mechanism establishes the DSB, the panel, the Appellate Body, etc.,and follows the relevant provisions of WTO agreements, the previous panel and Appellate Body reports and other sources of law. Finally, the basic procedures for dispute settlement mechanism. The most important and most commonly used in current dispute settlement mechanism to deal with trade disputes, is the procedure of consultation, expert groups, to consider the appeal and ruled the implementation.The second section describes the China-US trade friction cases submitted to WTO dispute settlement mechanism . This part introduces each of the cases by two kinds of the Chinese claim, the United States respond cases and the United States claim, the Chinese respond cases.Then analyze three typical cases, namely, the cases of safeguard measures to the steel products of the Chinese claiming, the United States responding(DS252), the case of Chinese measures to auto parts import of the United States claiming , China responding(DS340) and the case of the Chinese Intellectual Property Protection and implementation measures of the United States claiming , China responding(DS362).The third part is the main features of China-US trade friction. First,the China-US trade friction cases in the dispute settlement mechanism account for the largest share of the total number of complaints, and are mainly against the United States trade remedy measures. Second, in the China-US trade friction cases in the dispute settlement mechanism, United States make the China's non-market economy provisions as an important tool to respond,the deep root of which is still the trade protectionism. Third, in the China-US trade friction cases in the dispute settlement mechanism, so many WTO members involved, and political factors and the concomitant threat of China make a great role. Fourth, the China-US trade friction cases in the dispute settlement mechanism, directe at the measures of the Chinese government in various crucial fields and on sensitive issues,thus the Chinese tend to settle with discussion.The fourth part is about proposed using of WTO dispute settlement mechanism to handle China-US trade friction. Firstly we should rational view and handle China-US trade friction. We should hold a correct understanding of the China-US trade frictions in WTO dispute settlement mechanism;be adhere to the rule-oriented of China-US trade friction solution to ensure the depoliticization of trade friction. The second is to make good use of WTO dispute settlement mechanism. Including the active use of third-party system of WTO dispute settlement mechanism, caution of into the proceedings of WTO dispute settlement mechanism, correct view of the outcome of the WTO dispute settlement mechanism. Finally, we must strengthen capacity of resolution of China-US trade friction. Efforts can be given in speeding up the training of legal professionals, developing sound mechanism for industry organizations and national law,establishing China-US trade administration.