Research On The Arbitration For Retaliation Level In WTO

As the expanding and penetrating of international intercourse brings tradefriction, the importance of WTO’s Dispute Settlement Mechanism is much clearerthan ever before. Since it is the cornerstone of Dispute Settlement Mechanism，greatattention has been paid to retaliation. Retaliation under WTO framework is verydifferent from that in traditional international laws and bilateral trades, a concentratereflection of which is embodied by the extremely strict control on the level ofretaliation. The level of retaliation has close association with whether the interests ofthe member state has been effectively protected by the law of WTO and whetherWTO is making progress in promoting trade liberation.According to Understanding on Rules and Procedures Governing the Settlementof Dispute，there is only a few terms involved in the arbitration mechanism forretaliation level. When the terms are put into practice, it usually relies on theexplanation of arbitrators. The author makes efforts to sort out the viewpoints whichare scattered in the literatures of arbitrators and relevant researchers and formsystematic conclusions, based on which the author puts forward some pointedproposals. The dissertation is composed of introductions which contains thesignificance of the topic and the emphasis of the research、epilogue which concludesthe author’s points of view and the body part. The body parts can be divided into fourparts:The first part “Overview of WTO’s Arbitration for Retaliation Level” brieflyintroduces the historical evolution of arbitration for retaliation level from the times ofGATT on. Then it puts emphasis upon principles and concrete procedures of thearbitration, which lays a solid foundation for the next part.The second part “Theoretical Disputation of Arbitration for Retaliation Level”focuses on the disputation of entity and procedure. As to entitative aspect, theexistence and abolishment of retaliation itself and the aims of retaliation have greatinfluence on the level of retaliation. When it comes to practice, the computationalmethods of impairment level are rather controversial. As to procedural aspect, theburden of proof in arbitration for retaliation level is different from other procedures.Considered the fuzziness of the DSU terms, the sequencing of Term21.5and Term22.6is still an open question. The third part “Case Analysis of Arbitration for Retaliation Level” mainlydiscusses two typical cases—Case EC-bananas and Case America-upland cotton. Asthe first case involved in Term22.6, measures taken by arbitrators of EC-bananashave set an example for the later cases. To a certain degree, Case America-uplandcotton represents new tendency of the arbitration for the retaliation.The forth part “Improvement Proposal for the Arbitration for Retaliation Level”is based on the former parts. Aiming at the problems that are revealed in practice andtheory and taking into full consideration of the features and principles of DSU, theauthor puts forward improvement proposals in the hope of help the arbitration forretaliation level out.