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The Defects And Perfection In The Theory Of The WTO Dispute Resolution Execution

Posted on:2017-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:X H LiuFull Text:PDF
GTID:2296330488452512Subject:International Law
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Since the WTO established, it has been 20 years, the WTO dispute settlement organization as a special agency to settle the international disputes between members, played an important role. With the increasing of the WTO dispute cases in recent years, many cases are already into the executable program or already completed, most of the members of the international dispute case can be resolved peacefully. But along with the increase in members perform the WTO dispute case, the accumulation of practice experience is also increasing, especially in the United States and other developed countries, has established a complete set of implement legal systems to deal with the WTO dispute resolution, the defects of the system of the WTO dispute ruling executive also gradually exposed. Therefore, when performing the WTO dispute resolution, members tend to use the defects of the system of execution, delay execution time of the case, especially from Europe and the United States and other developed countries in the international dispute case, often performed for several years and no results, greatly reduce the efficiency of the implementation of the WTO dispute resolution. Given the present situation of the WTO dispute resolution execution system, modify and perfect the implementation of the WTO dispute resolution is imminent, WTO dispute organization also have realized the importance of the problem, and have begun the implementation for the WTO dispute resolution system changes in negotiations. Just in the process of negotiations, while the WTO members to perform system changes are very active, also put forward their own suggestions in the process of negotiations, but as a result of the WTO members cannot form a unified opinion, the negotiations failed to implement institutional change. Although China accession to the WTO’s time is short, but because our country is a trading power, more and more cases of international disputes related to us, thus for our country, on the one hand, in the process of implement the WTO dispute resolution, should draw lessons from the United States and other developed countries in legislation and practice of executive experience, and safeguard the legitimate rights and interests of our country, on the other hand, our country as the largest developing country, should be actively promote the WTO dispute resolution system modification and perfection of execution. For this article, the structure is divided into four parts:In the first part, the WTO dispute resolution execution system is summarized. First of all, based on analyze the origin of the WTO dispute ruling executive system, and conclude the concept of the WTO dispute resolution execution system; Secondly, the content of the WTO dispute resolution execution system has carried on the detailed elaboration, the content of the execution system mainly includes the supervision of the implementation of DSB recommendations or rulings regulations, to the relief measures when the DSB recommendations or rulings fails to perform the two aspects, and the determination of reasonable time, perform review procedures, compensation and retaliation system concrete contents are introduced; Finally, combining with the WTO website data, analyzed about the present situation of the implementation of the WTO dispute resolution.In the second part, the defects of the WTO dispute resolution execution system are summarized. In terms of "reasonable time" to determine, the DSU under paragraph 3 of article 21 of the regulations limit is fuzzy, so when the arbitration confirm the reasonable time in the implementation of the WTO dispute resolution, no specific standard can depend on, rely mainly on discretion, to the member a chance to run after deadline. In the performance review process, because the performance review program and apply for authorized retaliation no provision applicable order, both appeared chaos in the execution of practice implementation. In the applicable compensation and retaliation, because of its limit of compensation measures, few members as a relief measure adopted, apply for authorized retaliation, for the use of parallel revenge, inter-departmental retaliation or across the agreement, subjective judgment standard is not clear, rely mainly on members.In the third part, the complete of the WTO dispute resolution execution system are expounded. Based on analyze the proposed modify and perfect scheme by each member to the WTO dispute resolution execution system, and refer to the draft chairman of the duo ha ministerial meeting on modify and perfect the WTO dispute resolution execution system, respectively from the determination of reasonable time, perform review procedures, relief measures to discusses, and comment on the above discusses, put forward my modify and perfect Suggestions.In the fourth part, pointed out the problems and perfecting suggestion on the implementation of the WTO dispute resolution in China. Summary the problems existing in the WTO dispute executive resolution in China’s current situation, mainly concentrate in the practice of the legislation and execution, by analyzing and referencing the executive legal system of WTO dispute resolution by the United States, to perfect our country for the implementation of the WTO dispute resolution mechanism.
Keywords/Search Tags:The WTO dispute resolution, Perform system, defects, complete
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