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A Study On The Arbitration Procedure For Dispute Settlement Mechanism Within WTO

Posted on:2015-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:J L ShiFull Text:PDF
GTID:2296330467453978Subject:Law
Abstract/Summary:PDF Full Text Request
Arbitration procedure was designed under DSU for dispute settlementmechanism of WTO. It could be as an alternative means to WTO dispute settlementprocedures, which is in parallel with the process of panel. And it may also addressspecific issues arising in the implementation of DSB rulings and recommendations,such as determining the reasonable period of time and the level of suspension. Thispaper will study on the arbitration procedure for dispute settlement mechanism withinWTO. Combined with the DSU and existing relevant case law, this paper will conducta comprehensive analysis and review on Article25, Article21.3, Article22.6underDSU, which is aimed to confirm the value and significance of the WTO arbitration inthe aspect of resolving disputes. In addition, the existing deficiency of WTOarbitration and the part in need of reform are to be referred. This paper will discuss thedevelopment prospects of building the arbitration system within WTO disputesettlement mechanism, and how China makes its efforts during the reformproceedings.This paper is made up of the introduction, the body and the conclusion. The bodypart consists of four chapters.The first chapter introduces the source of law and the development course of thearbitration proceedings within WTO dispute settlement mechanism, and gives a briefstatement of the basic situation of the WTO arbitration.The second chapter analyzes the alternative means of dispute resolution, which is regulated under DSU Article25. In this part, relevant legal issues such as thearbitration agreement, jurisdiction, applicable law, the effectiveness of the award andexecution are to be discussed.The third chapter discusses the arbitration procedures during the implementationstage of the WTO dispute settlement mechanism, respectively, arbitration ondetermining the reasonable period of time and on the level of retaliation. This paperspecifically analyzes their characteristics and related legal issues, including thecomposition of the arbitral tribunal, the jurisdiction of the arbitrator, factors affectingthe award that arbitrators need to consider and so on.The fourth chapter gives a judgment of the arbitration procedure within WTOdispute settlement mechanism by the above analysis and research. Also it introducesthe practice of China that participating in WTO arbitration and how to promote theDSU reform and resolve international trade disputes by WTO arbitration in the future.
Keywords/Search Tags:Arbitration, Dispute Settlement, Reasonable Period ofTime, Level of Retaliation
PDF Full Text Request
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