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Retaliation In The Wto Dispute Settlement Mechanism

Posted on:2007-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:R LiFull Text:PDF
GTID:2206360185972542Subject:Law
Abstract/Summary:PDF Full Text Request
WTO dispute settlement mechanism introduces the retaliation mechanism of international law successfully. And as one non-voluntary execution method, compulsorily deprive certain trade benefits of the losing parties if they refuse to carry out the suggestions or the rulings that have already become effective. In other words, after the exhaustion of WTO dispute settlement procedure, the losing party still refuses to fulfill DSB rulings in the reasonable deadline, the winning party may turn to WTO enforcement mechanism to carry on the relief, and the core part of enforcement mechanism is retaliation. Retaliation mechanism is regarded a greatest achievement in multilateral trade negotiation history until now. WTO dispute settlement mechanism has solved many international trade disputes since its establishment, moreover it obtains the faith of developing countries. If WTO does not have this mechanism, the disputes between the WTO members cannot be solved, and will cause any entity regulations to become a mere scrap of paper inevitably, WTO will lose the significance of existence.Suspension of concessions or other obligations (namely retaliation) is the last resort of WTO dispute settlement mechanism in the implementation of multilateral trade agreements, strengthening WTO dispute settlement mechanism to certain degree. As a result of the world economic development, threats of retaliation and anti-retaliation emerge one after another incessantly. Retaliation mechanism is used more frequently and more effectively. The retaliation mechanism gradually becomes a dazzling pearl in WTO dispute settlement mechanism, and has displayed the unique function of restriction and balance.WTO members are willing to undertake the obligations under the multilateral trade system in exchange of equivalent obligations of other members. Once the members have violated the stipulations, and destroy this kind of balance, the other members that is affected will adjust their...
Keywords/Search Tags:WTO, retaliation, reciprocity
PDF Full Text Request
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