Research On Law Application Problems Of Retaliation Measure Of WTO Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism,Which graudly refined based on theGATT Dispute Settlement Mechanism,is playing an important role in dealing withinternational economy dispute day by day. The case of EC-bananas came form GATTtimes and crossed to WTO. It’s the first time for developing country to be grantedauthorization to practice a retaliation towarded to develpoed country.The views andajudications in Expert group reports were revelant had an example for later cases proposedto WTO,meanwhile，a series of problems exposed in EC-bananas case had made a warmlydiscussion about the WTO Dispute Settlement Mechanism.This paper analysised the law problems of the WTO Dispute Settlement Mechanismand gave some view of the author in these qusetions, baseing on the case of EC-bananas.Part1was about to back to the mechanism level.It mainly introduced the backgroundsabout cross-retaliation of WTO,which concluded the source、running information and lawexplanations about them.I t will help to carding the procesdure of EC-bananas via thecommon knowledege above.Part2mainly introduced some backgrounds of EC-bananas and the problems itexposed. It was planted to devided two parts:the former aimed to give some backgroundabout EC-bananas,while the second part focused to the controversies in the processdure ofEC-bananas. The controversies are mainly summerized below:1)wherether reviewinglegality of performance measures of the losing side may consist the former procedure ofApplication for authorization of retaliation?2) Is it feasible for making cross-retaliaion inInteliectual property areas?Part3included analysis about three problems exposed in the case of EC-bananas.Thefirst one is wherether reviewing legality of performance measures of the losing side mayconsist the former procedure of Application for authorization of retaliation? The secondwas Is it feasible for making cross-retaliaion in Inteliectual property areas? The last one is the law analysis of group-retaliation. It is the most important part of this paper. The authorwould detaily introduced the running procedure of DSU combined with theEC-bananas,and the would gave some views about some of them.Part4mainly promoted some advices for developing countries in how to avoid theretaliated by other countries and the right way to deal with these international economydisputes.