Study On The Applicablicability Of Non-violation Complaints In Dispute Settlement Mechanism Of WTO

"Non-violation Complaints" together with "the violation complaints" and "Action of the situation" are three basic cause of action in the WTO legal system. "Non-violation Complaints" played a certain role in the process of trade liberalization in the world. It makes the WTO members to enjoy the rights to file a complaint to the Dispute Settlement Body when the interests he enjoyed according to the related agreements were violated and thus suffered from loss or damage by a member. However, different from the other international dispute resolution mechanisms which involves the member to violate the WTO treaty obligations, "non-violation complaints" is a unique and rare system. Among with the WTO agreement applicable scope continues to expand,the WTO in addition to adjust to traditional trade in goods,but also adjust the trade related aspects of intellectual property rights, trade in services, etc. As one of the WTO agreement, TRIPS Agreement, Article 64 paragraph 1 brings in GATT dispute settlement mechanism, but in paragraph 2 "non-violation complaints" (suspension expired in January 1,2000) was suspended. However, unfortunately, until November 30,2009 seventh ministerial conference held in the ministerial meeting, made a results:"Non-violation Complaints" continue to delay in the TRIPS agreement applicable. "Non-violation Complaints" when can apply the TRIPS agreement and how to apply the council for TRIPS still haven't made a final conclusion. So far, whether "non-violation complaints" should apply to the TRIPS Agreement is still controversial and the concern of every members.By analyzing the historical background and legal basis of non-violation complaints, this article aims to conclude its applicable rules and practical significance in the TRIPS Agreement, and explore the role of its application in the TRIPS Agreement. I believe that the role Non-violation complaints plays in WTO system is definite, it fills loopholes generated by tariff reduction in procedural sense, and thus maintaining the stability of the multilateral trading system. Meanwhile, the non-violation complaints in the TRIPS agreement has its positive role. Finally, the author analyzed whether non-violation complaints is applicable in the TRIPS Agreement and the procedure of filing the non-violation complaints.