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Research On The Enforcement Mechanism Of WTO Decisions

Posted on:2012-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhaoFull Text:PDF
GTID:2216330338959478Subject:International Law
Abstract/Summary:PDF Full Text Request
The enforcement mechanism of WTO decisions is of vital importance for the WTO dispute settlement system. The WTO dispute settlement system aims to extinguish the inferno, make the rights and obligations that not in balance between each member recovered. The realization of this goal requires not only the objective recommendations or rulings, but also lies on how to effectively comply these recommendations or rulings. If there is no the enforcement mechanism, the recommendations or rulings will only be reduced to a mere scrap of paper, the purpose of the dispute settlement mechanism will not be achieved and its authority will not be established. Studying the defects of the enforcement mechanism of WTO judicial decisions has theoretical and practical significance for making use of the WTO rules, enhancing predictability and security of multilateral trading system.Meanwhile, with the accelerating pace of globalization and the development of international trade of China, the international trade frictions become more and more frequently. Copy with the implementation of WTO rulings directly affects the national interests of China. Therefore, a careful study has very important practical significance for our making better use of this mechanism, safeguarding the interest of the country and drawing up the game regulation of WTO.This paper is divided into four parts. In the first part of the paper, the writer reviews the history of the enforcement mechanism of WTO decisions. Review the process of the origin, development, form of the mechanism. And make a brief comment on the role of the enforcement mechanism of WTO decisions.In the second part, the writer analyzes the defects of DSB Article 21, including problem of the reasonable period of time, problem of the sequencing of Paragraph 6 of Article 21 and Article 22, accord a developing country special treatment. Based on analysis, combined with the proposals of the members and scholars to the above problems, suggestions of reforming and perfecting are put forward.In the third part, the writer analyzes remedial measures of DSB Article 22, mainly the problems of compensation and retaliation. And based on analysis, combined with the proposals of the members and scholars to the above problems, suggestions of reforming and perfecting are put forward. In the fourth part, the writer puts forward the basic position and the concrete measures of how we copy with the enforcement mechanism of WTO decisions, combined with the development of foreign trade of China and the things of participating in the case of dispute settlement.
Keywords/Search Tags:the WTO dispute settlement system, the enforcement mechanism of WTO decisions, DSB
PDF Full Text Request
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