Research On The Participation Problems Of Enterprises In WTO Dispute Settlement

The WTO dispute settlement mechanism has been regarded as the extremely activeenforceable international legal system in the international community for a long time. We canobviously discern the importance of the WTO dispute settlement mechanism from the title“crown jewel of WTO”. It is designed to provide considerable protection for trade disputes.As we all know, a country is the major members of WTO, and only country or separatecustoms territory is qualified to take trade disputes to WTO. However, one of the biggestsubjects which can not be taken for granted in the trade disputes is the enterprise. When theenterprises encounter the trade dispute, on the one hand, they will recoup their losses bythemselves; on the other hand, they pin their hope on the government and help that they couldtake the trade dispute to WTO to protect their economic interests. While it’s easier said thandone, it is very difficult for a country to bring the trade dispute to WTO. Therefore, thenumber of scholars who pay attention to the participation issue of enterprises in WTO isincreasing.This thesis consists of five parts, except the part of introduction and conclusion. Usingempirical analysis, data collection and documental methods, the author analyzes the paths andobstacles of the enterprises when they encounter the disputes in WTO. Furthermore, theauthor provides some suggestions on how to participate in the WTO for Chinese enterprises.The first part is about the relationship between the enterprises and the WTO disputesettlement. This chapter briefly introduces the function and describes the present situations ofWTO dispute settlement. Then the author points out the conditions and status quo ofenterprise when they participate in the WTO trade disputes.The second part is about the paths of the enterprises solving the trade dispute in the WTO.In this chapter, the author describes six paths which are desires to solve the trade dispute,including pre-litigation, litigation, and after litigation. What’s more, the author also exploresthe methods enterprises could use to protect their economic interests in the afore-mentionedpath when dealing with trade disputes as well as the cost they need to pay in each step.The third chapter is about the barriers of enterprises to solve dispute settlement in theWTO. Based on the analysis in the second chapter, this chapter summarized the obstaclesenterprise would encounter when the solving the trade disputes in WTO. The author dividesthe obstacles in the following three aspects: legal obstacles, political barriers and economic barriers.The fourth chapter concerns with a review of the Chinese case. Reviewing the Chinesecase-Certain Measures Affecting the Renewable Energy Generation Sector, the authorconsiders the problems on how the enterprises can deal with the trade disputes in WTO. Theseproblems include how to overcome the high cost for enterprises, how industry organizationscould play their active role and what measures state government departments can applied toprotect the economic interests of the enterprises and national interests better. Thinking aboutthese problems will make contributions on guiding Chinese enterprises to avoid or control therisks, so as to take part in the WTO dispute settlement more effectively.The last chapter illustrates the china’s assistance measures to help firms well participatein WTO. Based on the previous analysis and combined with China’s actual situation, theauthor provides several suggestions and countermeasures in order to strengthen theproblem-solving ability of enterprises. Meanwhile, this study aims to strengthen the anti-riskability of the state and direct the enterprises using right trade strategies to deal with thedispute settlement in WTO.