Analyses The Implementation System Of WTO Dispute Settlement Mechanism And Strategies China Shall Take

As a main way of settling the disputes among members,the WTO Dispute Settlement Mechanism that based on and developed form the GATT Dispute Settlement Mechanism plays a vital role in the settlement of trade disputes among WTO members and the constant global economical development and stability. The implementation system is obviously important as the last procedure of the WTO Dispute Settlement Mechanism,which affects the WTO Dispute Settlement Mechanism a lot. However, in the process of the WTO practice, the implementation system has manifested many shortcomings. Especially, from the year of 2008 economical crisis,although the number of international dispute increases, the utilization of the WTO Dispute Settlement Mechanism is on the decline.So, researching the current situation of the implementation system of the WTO Dispute Settlement Mechanism, studying the existing problems of the implementation system and seeking the way to solve the problems are of great significance.Either now or in the future, China as the world’s second-largest economy, will has more and more chances to take part in the process of the enforcement mechanism of WTO decisions. And how to improve its domestic market environment and use currently rules effective to safeguard its own interests is very important. In this case, studying the implementation system of the WTO Dispute Settlement Mechanism helps to foresee the problems that China will face in the future and solve the problem better. In addition, as a great power country, China should play an effective role as a bridge on modifying old bad rules and creating new rules.The paper contains three parts which are about the history and the shortcomings of the implementation system of the WTO Dispute Settlement Mechanism, the problem in practice and improvements of the implementation system of the WTO Dispute Settlement Mechanism and the present situation and the problem and the improvements in Chinese using the implementation system of the WTO Dispute Settlement Mechanism.In part I, the author reviews the implementation system under GATT and points out their disadvantages. Besides,it states the content of the implementation system of the WTO Dispute Settlement Mechanism and it refers to the advancement of implementation system in contrast to the GATT’s.In part II, the author does a systematical analysis of the practice of WTO implementation mechanism and the existing problem and deficiencies. It states the law economic foundation of the implementation system of WTO Dispute Settlement Mechanism. In addition, it analyses the shortcomings of the implementation system of the WTO Dispute Settlement Mechanism. Finally in consideration of the proposals made by WTO members and scholars, the author gives several suggestions to further improve the implementation system of the WTO Dispute Settlement.In part III, according to the last dates,firstly, the author presents China implementation condition. Secondly, combined with the cases, the paper analyses the obstacles that China have in using the WTO implementation mechanism to solve the problems.In part IV, based on some proposals that is held by scholars, the paper puts forward some concrete proposals to protect own legal right.