The Theory Of The Wto Dispute Settlement For The Implementation Of The Decision

The implementation mechanism of the WTO dispute settlement rulings is a keycomponent of the WTO dispute settlement procedure. By ensuring the implementtion ofthe Appellate Body reports or the Panel reports adopted by the Dispute Settlement Body,the mechanism effectively settles the disputes between the WTO members, andultimately guarantees the conformity with the WTO rules. Since accessing the WTO in2001, China has already been charged for26times. In those cases, several of them haveentered into, or will soon enter into the implementaton period. Besides, several casessued by China have been progressed into the implementation period. Therefore, it is ofgreat practical significance to make a thorough research of the implementationmechanism of the WTO dispute settlement rulings.Before the author bagan to write this paper, both Chinese scolars and foreignscolars have had research on the implementation of the DSB reports in varying degreesand from different angles. Base on the predecessors’ achievements, the author uses thecase “China-Measures Affecting Trading Rights and Distribution Services for CertainPublications and Audiovisual Entertainment Products”(DS363) as the breakthroughpoint. In order to probe into the characteristics of the implementation mechanism, theauthor makes a comprehensive and thorough research on the implemenation of the DSBrulings and recommendations of this case, as well as analyzes the WTO rules andGATT/WTO dispute settlement cases. The author expects that the paper can promoteChina to fulfill its obligations under the implementation system of the WTO disputesettlement rulings, and to make a good use of the system so as to protect its legal rightunder the WTO.This paper consists of five chapters.Chapter Ⅰ is the foreword which introduces the background.Chapter Ⅱ expounds the WTO dispute settlement rulings implementationmechanism in four sections. For the sake of emphasizing the neccesity of implementingthe WTO rulings, the first section defines the WTO dispute settlement rulings, anddiscuss its binding effect. The second section expounds the substantive rules of theimplementation mechanism. It concludes the contents and requirement of the implementation, though analyzing concerned legal texts of DSU. The third sectionexpounds the procedural rules of the implementation mechanism. It approaches legalsujects in every phase of the implementation, through analyzing the legal texts of DSUand WTO dispute cases. The fourth section makes a summary of the whole chapter.Chapter Ⅲ is divided into three sections to analyze the detailed implementationsituation of the DS363case. The first section gives a sketch of this case. The secondsection analyze the situation of the measures made by China during the implementationperiod. The third section makes a summary of the whole chapter.Chapter Ⅳ discusses the characteristics of the implementation mechanism. In thischapter, the author sums up two main features of the implementation system by meansof rethinking the implementation situation under the DS363case profoundly.Chapter Ⅴ makes a summary of this paper.