Law And Practice Of WTO Compliance Review Procedure

As the core of multilateral trading system, the dispute settlement mechanism of the World Trade Organization has the trust of many countries about solving international trade disputes and becomes the important pillar. However, the key to dispute settlement is whether its rulings can be effectively complied. In the ruling, the compliance review procedure supervision plays an important role in disputing settlement, and widely be used in practice. Since China has accessed to the WTO, the cases involving China appears a gradually increasing trend. Whether as complainant or respondent, they are both facing the problem of complying with recommendations and rulings of DSB. Therefore, a thorough research on WTO compliance review procedure has a very important practical significance for making full use of WTO dispute settlement mechanism for China.This paper uses case analysis method, comparative analysis method, the documentary analysis method and so on, and uses the relevant provision The understanding of the dispute settlement rules and procedures as the foundation, through analyzing the review process for entering the enforcement cases, combined with the Dispute Settlement panels Report and Appellate Body Report. By interpreting The understanding of the dispute settlement rules and procedures about the compliance review procedure, the author points out the existing problems of the compliance review procedure and puts forward some solutions of problems, in order to provide guidance for our country to participate in similar WTO dispute practice in the future.The article concludes three parts except introduction and conclusion.The first part is the outline of the compliance review procedure, including its produce, characteristics and significance. Before the Uruguay round, it did not pay attention to dispute the execution problem, just ruled in cases of executive advice or award, but did not have the right program. Therefore, the compliance review procedure is the innovation of WTO dispute settlement mechanism. Compared to the normal procedure, the program not only has the promptness, but also no reasonable period of time. On the one hand the program has the advantage of ruling executive, on the other hand it can also maintain small and developing countries' interest of their economic.The second part analyzes the main legal issues which are involved in the compliance review procedure based on the Dispute Settlement panels Report and Appellate Body Report, which includes:the qualification of the clients the time of initiating the compliance review procedure, the mandate and review scope of the Compliance panel, and consultation and appealed problems that concerning the dispute settlement rules and procedures, and the right sequence about the Article 21.5 and Article 22.6 in The understanding of the dispute settlement rules and procedures.The third part discusses problems of the compliance review procedure, and the corresponding solutions of these problems. The author firstly analyses the existing problems of the procedure of review to implementation which is the illegibility of the initiating subject, uncertainty of the time that initiating the compliance review procedure, uncertainty of Compliance panel' scope of powers and review, whether put the consultation in front, and the right sequence about the Article 21.5 and Article 22.6 in The understanding of the dispute settlement rules and procedures. In the view of the above problems, the author puts forward that it should make clear further rules about The understanding of the dispute settlement rules and procedures. It should make clear the qualification of the prevailing party, the losing party and the third-party mentioned in original dispute cases; define time in regulation which is mentioned in this program; base on planning for realize the greatest value of the compliance review procedure and authorized revenge program then put the compliance review procedure as the prepositive program.