| The WTO legal system is one of the most important areas in international lawtoday, WTO law has made various developments on traditional international lawwith its own characteristics, both in substantive rules and procedure rules, TheWTO dispute settlement mechanism takes a critical role, in a way of judicialdecision and remedy, solving the disputes of members in international trade toensure an equal and fair plane for each member. With the globalization andintegration of world economy, there have been increasing trade contact amongvarious states. The trade relation between China and USA is regarded as one oftop relations in world trade and economy today. It is a valuable to study how toapply the rules and procedures of the DSB of WTO, of which both of them aremembers, to deal with disputes arising between them.This dissertation first describes the development of Sino-US trade relations andgrowing trade disputes between two states in recent years, and then analyzes thereasons, which lead to an introduction of the WTO dispute settlement mechanism.Afterwards, combine with the cases, which were solved under the WTO disputesettlement mechanism. Finally, it draws a conclusion that the WTO disputesettlement mechanism is one of most effective methods towards handling theSino-US trade disputes. However, in order to use this mechanism effectively, weneed to make an improvement in the following ways: First, we need to ensurethat our legislation shall be consistent with WTO rules and learn from theexperience of U.S. domestic legislation. Secondly, we need to strengthen ourdomestic law enforcement and supervision of law enforcement. Thirdly, we needto maintain and strengthen Sino-US trade dialogue and consultation mechanisms;In addition, we need to establish a specialized organ in China’s government todeal with trade negotiations and disputes, for better implementation of WTO,protecting rights and interests, as well as fulfilling obligations raised from theWTO. |
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