| With a view to the application of dispute settlement mechanism in the field of anti-dumping, this paper reviews and analyzes some typical dispute settlement cases and the principles, rules and some issues concerned, points out that members should adjust and improve their anti-dumping measures according to WTO Anti-dumping Agreement, further brings forward the uses for China's reference. The paper emphasizes that China should strengthen the study on dispute settlement mechanism, related WTO agreements and real cases in order to positively and flexibly use the tool to deal with disputes in international trade. The paper comprises of three parts.The first is "review on dispute settlement mechanism". This part includes three issues: the formation of WTO dispute settlement mechanism, some common issues about WTO dispute settlement mechanism, and analysis on WTO dispute settlement mechanism. Firstly, this part reviews the background and process of the formation of WTO dispute settlement mechanism. Because of the infant structure, slack process and weak legal guarantee, the dispute settlement mechanism under GATT was not able to meet the needs of managing international trade. After Tokyo round, the demand for improving dispute settlement mechanism became exigent. In Uruguay round, after consultation through and through, the understanding on rules and process of dispute settlement (DSU) came into birth on December 15, 1993. Then, this part puts forward commentary on several issues such as the scope of WTO dispute settlement mechanism, general principles, structures, process and methods. Finally, this part analyzes the dispute settlement mechanism. WTO dispute settlement mechanism ,which developed on the basis of GATT dispute settlement mechanism ,established a unique operating method in which legal method and political method combine together. A dispute settlement case may be reviewed by double level panel and appealing branch. By though analysis, this part points that the major functions of dispute settlement mechanism are explanation, harmonization and punishment. With the use of the three functions, WTO dispute settlement mechanism makes the WTO agreements more formal, more feasible, and makes national legislation to conform the rules of WTO agreements. WTO dispute settlement mechanism can be regarded to some extent as a quasi-justice system toward world trade court. At the same time, this part also mentions some limitations of the mechanism, such as the defacts of retaliation , the limitations of the preferential treatment for developing countries, and equality and independence of panel. The second is a case study of EU on WTO dispute settlement mechanism. Using an actual case, this part focuses on the viewpoints, protests, pleas of two parties involved and the review process of the panel. This part includes the following ten aspects: 1 the introduction of the case; 2 the protests and pleas of two sides involved; 3 the judgement and analysis of previous question; 4 whether EU violates the obligations in article 2 of its anti-dumping agreement; 5 whether EU violates the obligations in article 3 of its anti-dumping agreement; 6 whether EU violates the obligations in article 5 of its anti-dumping agreement; 7 the possibility for EU to adopt constructive remedies; 8 the issue on bulletin during the process of anti-dumping investigation; 9 the conclusion and proposals made by the panel; 10 several issues concerned in the field of anti-dumping. The case is about the dispute on collection of anti-dumping duties by EU on linen sheets from India. Firstly, this part introduces the protests by India and pleas by EU, then reviews the previous questions such as the scope of protests by India. Secondly, this part reviews the branch points between two sides. The disputes on confirmation of dumping are focused on the methods of ascertaining profits, the rationality of profits and regarding negative dumping as zero. The dispute on confirmation of injury are focused on the relation between dumpin... |
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