| Arbitrations for the implementation in the WTO dispute settlement mechanism refer to WTO arbitrations according to Article 21.3(c) of the Dispute Settlement Understanding (DSU) and arbitrations according to DSU Article 22.6 and Article 22.7. These arbitrations aim to resolve the disputes arising out of the WTO implementation, which constitutes an important part of the arbitration system in the dispute settlement mechanism. They have a great realistic impact on promoting the effective implementation of recommendations and rulings of the Dispute Settlement Body as well as the prompt compliance of WTO rules.This thesis provides a detailed analysis on issues of arbitrations for the implementation in the WTO dispute settlement mechanism by discussing relevant theories, doctrines, rules and cases.It firstly identifies the question as to what are arbitrations for the implementation in the WTO dispute settlement mechanism and distinguishes these arbitrations from other types of arbitrations in the same mechanism. It then points out that these arbitrations can be divided into two different groups. One group includes arbitrations according to Article 21.3(c) which based on reasonable period of time and the other group includes arbitrations according to Articles 22.6 and 22.7 which based on retaliations.The thesis then moves to discuss these two groups of arbitrations from three various perspectives, including analyses of provisions in WTO agreements, legal practices in the WTO and some specific issues in the context as well as in practice.Finally, by analyzing shortcomings which embedded into the existing system of these arbitrations and the new development as well as the potential reform discussed in the WTO Doha Development Agenda, the thesis concludes that there is a new trend in the reform of the issue concerned and China should fully understand this arbitration system in the WTO and make the best use of it. The thesis, at this point, also provides some suggestions. |
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