A Study On Issues In The Arbitration Of The Retaliation Level Under The WTO

The arbitration of the level of retaliation under the WTO is a processapplied in the stage of implementing the recommendations and rulings ofDSB. While the losing party does not cancel or change its measures whichare found inconsistent with the WTO rules to comply with the relevantrules， and the parties are not able to reach a satisfactory compensationscheme within20days after the reasonable period expires， the winningparty could request DSB to authorize for suspending concessions or otherobligations， i.e. the retaliation to be discussed in this article. Thisarticle mainly studies on the factors considered by the arbitrators whilethey decide the level of retaliation.Besides the preface and the conclusion，this dissertation is composedof the following three chapters:Chapter One introduces the system of the arbitration of the level ofretaliation under WTO. It starts with the introduction of the retaliationunder WTO， followed by a review of the historical changes about therelevant rules about the level of retaliation and then leads to a browseof the cases regarding retaliation arbitration. Chapter Two focuses on the procedures of the arbitration about thelevel of retaliation. It discusses the third-party right and the burdenof proof and some other things.Chapter Three mainly demonstrates the effects of many factorsconsidered by the arbitrators in the arbitration deciding the level ofretaliation， such as the purpose of the retaliation， the specificsituation of different cases and about how they influence the choice ofthe form and level of retaliations and so on.While admitting the effects of the retaliation system， the epiloguealso refers to some problems which exist and affect the function of theretaliation system and gives some advice about how China apply to it.