| The current status of the world’s economic development in international trade States is alot of phenomenon ring that breaking international trade balance of trade measures, thereason is someone considering the interests of the domestic and international market demandseize. This selfish approach will undoubtedly cause trade disputes between two or morecountries. When such a dispute is submitted to the WTO Dispute Settlement Body, often oneparty is considered to be a violation of a provision under the WTO, and the result of suchviolations of the Agreement suffer side (commonly referred to as the prosecution) can helpExpert Group on WTO Dispute Settlement Body, the Appellate Body, ruled by them, whilethe losing party refused to implement the ruling, the prosecution can apply for retaliationauthorization to suspend certain trade with the respondent party, or to raise tariffs on certaingoods in order to force the respondent party to change its behavior, to get some compensation.WTO dispute settlement mechanism of the WTO’s most unique contribution is the highestrating so far countries to resolve international economic and trade disputes mechanism,retaliation system under the WTO dispute settlement mechanism is called "the greatestinvention" by the prosecution and was trade complaint to resolve trade disputes between theparties, can be described as ingenious-without stopping trade in economic trade between thetwo sides at the same time to solve the trade dispute between the parties.Revenge originated from article23GATT1947faced originally on the many defects ofthe trade sanctions reform and formed a set of detailed rules of trade retaliation.Specific rulessystem content is stipulated in "Understanding on Rules and Procedures Governing theSettlement of Disputes". For them, we know trade retaliation is the fiscal measures of theWTO dispute settlement mechanism. But the WTO dispute settlement mechanism ofretaliatory measures in promoting award implementation effect is not very desirable. This ismainly due to revenge on their own economic damage, the policy of "multilateralauthorization, unilateral implementation" has brought challenges to developing countries andat the same time revenge has also the disadvantage of insufficient, lack of deterrence.Therefore, the issues, trade in goods, trade in services and trade-related intellectual property,firstly in the Uruguay round of the WTO negotiations are included in the package, a newform of retaliation-"cross retaliation” in the dispute settlement mechanism. Retaliates byseparately or simultaneously in different protocols, intensify the implementation of theWTO.Cross retaliation as the great achievement of the Uruguay round, has been highlyanticipated.From concept of cross retaliation to the characteristics of it to cross retaliationapplicable in the field of international economic trade is the topic of discussion in theinternational economic and trade for a long time.Trade retaliation system has a long history. Cross retaliation is the result of the Uruguayround negotiations,and also makes the Uruguay round as a "round" of the hero, namely, therecognition of cross retaliation system.However, cross retaliation also has some problems,because there are few cases of cross retaliation through all of the worldwide. The vastmajority of countries generally don’t implement to authorize cross retaliation. WTO that hasrun for more than20years, involved in several cases of cross retaliation, but did not put theminto practice. The debate about cross retaliation is uninterrupted. People are forced to reflecton legal limits of cross retaliation and further reform of ideas and Suggestions are put forward.Of course, we need to make objective evaluation about cross retaliation. The lessapplication does not mean no less important. On the contrary it is the last link of the tradedispute settlement procedures, and the last barrier of the prosecution to stabilize its economydevelopment, so its importance is visible easily. The phenomenon that cross retaliation isseldom used explains the problems exist in the system and reality, which needs to be solvedtimely. So it is necessary to make a comprehensive discussion on system of cross retaliation.The main purpose of this article is detailed to introduce cross retaliation of some problems inthe practice, to enable us to have a clear understanding, so that it provides us with help onlegislation and practice.In this paper, the core content has five parts:The first part of the introduction, thesis focuses on the sources and scholars to theexisting system of cross-retaliation evaluation, and improvement made on therecommendation of its deficiencies;The second part analyzes the basic theory of cross-retaliation, the main analysis of theconcept of cross-retaliation features, implementation conditions and effects analysis andcross-retaliation "two against one insurance", the difference between contact embargo,highlighting the features and benefits of cross-retaliation on the cross to make the mostdetailed summary of retaliation;The third part, the international practice of cross-retaliation applications, problems andcause analysis, analyzes three cases involving cross-retaliation, retaliation crossover study asthe basis of practice questions, on this basis, analyzes the cross-retaliation in institutional andimplementation process problems and analyzes on causes of the problem;Part fourth, improve the system of cross-retaliation by the above theory, cross-retaliationcases come to the problems, this section analyzes the cross-retaliation worldwide how toimprove their problems;The fifth part, China’s response to cross-retaliation measures, after cross-retaliation bythe system to analyze the problems linked to China, China put forward a particularly largevolume of trade of developing countries in international economic and trade practices shouldbe how to deal with cross-retaliation. |
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