Analyze The Defects Of The WTO Dispute Settlement Mechanism

The World Trade Organization dispute settlement mechanism is a barometer of the WTO normative framework, a central element about the security of the multilateral system and the WTO's most individual contribution. It has had tremendous success since it was established in 1995.Till October 19,2010, The World Trade Organization dispute settlement mechanism had heard 445 disputes, which shows that the wide range of WTO members-both developed and developing countries-think the World Trade Organization dispute settlement mechanism is the best way to settle disputes.With the development of the developing countries, they have more dramatic in WTO and play an increasing important role, what's more, they more actively use the World Trade Organization dispute settlement mechanism. Relatively speaking, The World Trade Organization dispute settlement mechanism consumedly increased preferential treatment to the developing countries, from the panel's composing, secretary's special job.justify of carry out the procedure and the etc. which makes the developing countries in a more favorable position. In the meantime, it had made many challenges:because of the limited resources in manpower and wealth, even if the developing countries won the appeal, they can't get due compensation; the WTO dispute settlement mechanism itself exists many flaws and etc. There is thus a need to explore strategies for developing countries to make better use of the current DSM.This paper is to explore this question, mainly includes two aspects:First, analyzes the defects of the WTO dispute settlement mechanism from the practice activities of developing countries'using of DSM; Second, summarizes the method for developing countries of effectively participate in the WTO dispute settlement system from two aspects of theory and practice.This paper includes six chapters. The first chapter systematically introduces the basic situation Of the World Trade Organization dispute settlement mechanism from the legal origin, the dispute settlement body. the dispute settlement basic procedure and other aspects; the second chapter analyzes the practice activities of developing countries from 1995 to 2010, tries to analyze the hidden problems of the surface satisfactory data and analyzes the reasons of such problems; the third chapter detailed reads the preferential terms for the developing countries and explores the defects of these terms; the fourth chapter theoretical explore the defects of the WTO dispute settlement mechanism and puts forward the reconstruction of the theory frame of The World Trade Organization dispute settlement mechanism; the fifth chapter explores the way of the innovation of The World Trade Organization dispute settlement mechanism and the countermeasures of the developing countries; The sixth chapter separately analyzes China's participation in the WTO dispute settlement mechanism and puts forward China's unique countermeasures.