.gatt / Wto "does Not Violate The Legal Issues Of The Complaint."

Summarizing the bilateral agreements in the 1920s, GATT formed a quasi-judicial system to solve international trade disputes peacefully on the context of its Article 22 and Article 23. Non-violation complaints were regulated in the GATT23.1(b), which state:if any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or that the attainment of any objective of the Agreement is being impeded as the result of the application by another contracting party of any measure, whether ornot it conflicts with this Agreement......the contracting party, with a view to thesatisfactory adjustment of the matter, makes written representations or proposals to the other contracting party or parties which it considers to be concerned.Though non-violation complaints were very few in the history of GATT, they really had protected the benefits of taffic concessions. In other words, non-violation complaints have a function of "a procedural fastening of the loophole".WTO dispute settlement system followed this article and improved the procedures of non-violation complaints through DSU26, which were spread to TRIMS, TRIPS, and GATS.Non-violation complaints was an important part in GATT/WTO dispute settlement system, which effectively protect the results reached in the bilateral or multilateral trade negotiations. However, they have been considered as a special measure, which the panel or the contracting party kept a cautious attitude to apply. From the practices in WTO, there shows the tendency that they extended their application, which leads to WTO dispute settlement system in a dilemma. China has been one of the contracting party of WTO and faced the condition of extended application of non-violation complaints.According to their theoretical and practical values, the paper researches on the main problems of non-violation complaints with 30,000-odd words, which is divided into four sections.The first section of the paper introduces the fundamental problems of non-violation complaints. It firstly makes a clear definition on the basis ofGATT23.1(b);then it illustrates their historic origin and developmeng; and the authour thinks they are based on the principles of Good Faith and Pacta Sunt Servanda. The second section studies on the constitutive elements of a non-violation complaint. Due to the simple and ambiguous regulations, the panel reports have set forth three elements as follows:(l)application of a measure by a contracting party, (2) a benefit accruing under GAIT/WTO agreements, (3) nullification or impairment of the benefit as a result of the application of the measure. The third section compares non-vilation complaints with several relevant problems. Combined with its characteristics, the author analyses the similarities and differences between violation complaints and non-violation complaints, its state liablity and international liability for compensation, non-violation complaints in WTO and that in NAFTA. The fourth section discusses their effects and the corresponding measures. In the connection with the tendency of their extended application, the author proposes feasible solutions to the dilemma that WTO dispute settlement system faces.Analyzing the present situation of China, the author puts forward some proposals how to deal with non-violation complaints from the general and specific aspects.