| Arbitration on reasonable period of implementation is a process applied in thestage of implementing the recommendations and rulings of DSB. If immediatecompliance of recommendations and rulings is impracticable, a reasonable period canbe given by arbitration. Many factors have been considered in the reasonable periodarbitration by the arbitrators. This article mainly studies on the effects of these factorson the decision of reasonable period.Besides the preface and the conclusion, this dissertation is composed of thefollowing four chapters:Chapter One introduces the system of reasonable implementing periodarbitration. The system of reasonable period arbitration is provided for in Article21.3of DSU. The reasonable period arbitration has its unique characteristics. Combinedwith arbitration practice, this chapter tries to explore the meaning of “reasonableperiod” and “factors considered”.Chapter Two studies on the guiding principle and the allocation of the burden ofproof in reasonable period arbitration. The arbitrator’s understanding of the15-monthguideline stipulated in Article21.3(c) changed from the15-month principle to theshortest period possible principle. Along with it, the allocation of the burden of proofchanged. Chapter Three discusses the effects of different factors on thereasonable period, focusing the study on the effects of the implementingmanner, complexity and the status of developing member. The last sectionof this chapter discusses other factors. The effects of these factorson the reasonable period are not the same.Chapter Four focus the research on relationship between the factorsand Chinese practice. Based on the analysis of China’s implementationof the recommendations and rulings of DSU, this article ensures thepossibility and necessity of China’s using the reasonable periodarbitration in the future. Combined with the previous analysis, it alsoputs forward some suggestions on how to take advantage of the reasonableperiod arbitration. |
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