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The Study Of The Implementation Mechanism Of WTO Disputes Settlement And Develoing Countries' Strategies

Posted on:2012-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:D R ZhangFull Text:PDF
GTID:2216330368483863Subject:International Law
Abstract/Summary:PDF Full Text Request
WTO dispute settlement mechanism has always enjoyed a high reputation. It was praised for "the jewel on the WTO crown", and was also widely recognized as the WTO's most unique contribution. WTO disputes settlement mechanism has been successfully in operation for 16 years. During this period of time, it has made tremendous contributions in dealing with international trade disputes, maintaining of international trade order, promoting the process of international trade and improving the trade development. Meanwhile, its implementation mechanism is one step of the dispute settlement mechanism and the last shelter to deal with international trade disputes. The implementation mechanism relates to the panel or the Appellate Body's reports are implemented and whether the disputes can be completely resolved. This indicates that it occupies a more important position, and its importance is self-evident. The aim of the implementation mechanism is to guarantee the enforcement of penal reports and appellant body reports. However, with the deepening of the practice of WTO, the implementation mechanism is also exposed to many problems, including some procedural issues, even contradictory legal text provides a "flawed." At the same time, developing countries have become the important majority of participants in international trade and international trade dispute. How to make use of the implementation mechanism more effectively and efficiently to protect developing countries'interests is also a practical issue which is worth exploring.This assay is divided into five parts; the first part introduces the history of WTO dispute settlement mechanism. This introduction starts from the predecessor of WTO disputes settlement mechanism——GATT dispute settlement mechanism and give readers a complete narrative and description of the beginning of the evolution and establishment of WTO dispute settlement mechanism. The second part of the assay introduces the general situation of WTO dispute settlement mechanism. The introduction is organized as the order of procedures of dispute settlement mechanisms.The third part is the specific introduction of WTO enforcement mechanism. The introduction is organized according to the order of DSU text. It gives readers a systematic introduction of implementation mechanism.The fourth part of the assay is mainly about the defects and shortcomings of WTO implementation mechanism. The author also shows her own opinion on these issues.The fifth part of the assay first briefly describes the developing countries'participation in WTO disputes settlement mechanism in a basic situation, and pointed out that the encounter bottlenecks in the implementation of mechanisms, which were analyzed and further propose how to deal with the challenges of developing countries.
Keywords/Search Tags:WTO disputes settlement mechanism, implementation mechanism, demerit, developing countries, strategy
PDF Full Text Request
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