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Wto Dispute Settlement Mechanism Of Retaliatory Measures Study

Posted on:2007-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WuFull Text:PDF
GTID:2206360185472342Subject:International law
Abstract/Summary:PDF Full Text Request
The status and the function of WTO are very important at present, it is the only global international organization dealing with the rules of trade between nations and regions. WTO possesses a dispute-settling mechanism, which absent from any other regional organizations and international agreements. The mechanism introduces the settlement of disputes in international trade into multilateral trading systems and is thus called as "the most individual contribution", and it is the cornerstone of the security and predictability of WTO.According to DSU, which is reached in "the Uruguay Trade Negotiating Round", an integrate dispute settlement procedure includes several main stages such as. the stages of consultation, panel procedure, appellate procedure and implementation procedures. The valid operation of the dispute settlement mechanism mainly depends on the execution of the final judge of the dispute, so the executive system can be regarded as the core of the dispute settlement mechanism. The WTO dispute settlement procedure provides three executive remedies: the withdrawal of the inconsistent WTO measures, compensation and retaliation. Retaliation is the final forcible method to assure the execution of the judgments, it has strengthened WTO execution mechanism, and play an important role in impelling relevant members to fulfill the DSB's recommendations and rulings in time and in an all-round way. However, it causes the extensive dispute from the day of its birth; scholars have different judgments on its fairness, rationality and validity. Because of the retaliation's particular status, important function and variety of appraisals, specializing in it will have a great meaning.DSU Article 22 "Compensation and the Suspension of Concessions" is the special regulation of trade retaliation, and it stipulates the rulings and procedures of the retaliation in details. In addition, article 3.7 stipulates that the retaliation can be used as the interim and the last measure, and article 23.2 provides that the retaliation must be restrained by the multilateral system. All these articles form a comparatively integrated legal system of WTO trade retaliation, so this text introduces the rulings and procedures of the retaliation according to these firstly.Secondly, this text makes a thorough investigation and study of the international law foundation of the DSU retaliation measures, and points out the...
Keywords/Search Tags:WTO, DSU, Retaliation measure, Execution
PDF Full Text Request
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