Discussion On The Implementation Procedures, The Wto Dispute Settlement Mechanism

Dispute settlement mechanism is known as the most unique contribution of the WTO to the world trade. The implementation of procedure is the safety valve mechanism of this mechanism. However, in practice, there have been some problems in the process of clarification since the establishment of the WTO , which directly affects effectiveness of the system. In the first part of this article, I outline the procedure of implementation including the prerequisite for the implementation, the executive subject, the implementation term, the implementation forms and the opposition to the implementation of the system. Then in the second part I focus on the terms of reasonable period of time mainly about the standard determining of the reasonable period of time and the factors which should be taken into consideration and which should not in determining the period. I also present my own view on how to fight for our country in the implementation of favorable reasonable period of time. The third part of the thesis is the study about the procedure of opposition to implementation. This part majors from the connection of the procedure of opposition with the original dispute settlement procedures and the order with DSU Article 22. With the recommendations of some scholars and Members of the WTO in the Doha negotiating process, I put up my ideas on how to make the executive opposition procedure more reasonable and more perfect. In the forth part, on the basis of the recommendations and views on the retaliation system of the Member States and scholars, I give an explanation to the legality and rationality of the existence of the system of retaliation, and put forward my own views and evaluation on the various proposals .At the end of the article, the suspension of the right to retaliation is advised for the first time. I carry out the study of the executive procedure of the dispute settlement mechanism of the WTO in the hope of drawing more attention to the problems in practice, and giving my own contributions to the course of the establishment of a more perfect mechanism of the WTO and to the creation of fairer and freer and more transparent international economic environment.