On Arbitration Of The Reasonable Period Of Time For Implementation Of The Recommendations And Rulings Of WTO

Implementation of recommendations and rulings is an important part of the dispute settlement system of WTO, and it is even one of the goals of WTO. The Reasonable Period of Time (RPT) mechanism which sets in DSU is an important means to promote the implementation. There are three ways to determine the RPT, in which arbitration is the second preferred way after "mutual agreement". There have been27cases so far which adopted arbitration to determine the period of time. It is notable that the latest arbitration case, DS414, is the first case in which China chose arbitration to determine the RPT.This paper examines both the procedure and substance aspect of the article21.3(c) arbitration, especially the facts which affect the implementation period of time, then it analyses the arbitration award of case DS414and the problems it puts which China may faces in the future. At last, on the basis of the above, the paper tries to make some suggestions to the perfection of the RPT mechanism. There are four chapters in total.Chapter One describes the RPT in WTO dispute settlement mechanism briefly. It first overviews the RPT in GATT, then it considers how the mechanism improves in WTO and how the DSU provides it. Finally, this chapter turns to the concept and meaning of "the reasonable period of time for the implementation of recommendations and rulings".Chapter Two is the main apart of this paper. Firstly, it discusses the procedure of the article21.3(c) arbitration of DSU, including the nature and force of the arbitration, the mandate of and guideline for the arbitrator, the burden of proof. Then the chapter considers the substance aspect and highlights the facts affecting the determination of the reasonable period of time in practice.Chapter Three focuses the arbitration award of DS414, including the arguments of China and America, the analysis and determination of the arbitrator. After that, this chapter makes some suggestions to the problems of RPT which China faces or is about to face in its future time. On the basis of the first three chapters, Chapter Four concludes the problems existing in the RPT mechanism, and aims to make some recommendations to resolve these problems.In conclusion, this paper tries to analyze the arbitration of determination of the RPT and Chinese practice with respect to it. It examines the value and problems of the RPT mechanism, which aims to promote the understanding and use of the mechanism.