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The Third Parties Of The WTO Dispute Settlement Mechanism

Posted on:2017-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:F F ChuFull Text:PDF
GTID:2296330488470393Subject:Law
Abstract/Summary:PDF Full Text Request
In the age of economic globalization, thousands of multinational corporations are founded, developed rapidly around the world. Complex interest relationship, crude competition, wide fields are all greater than any past ages. No wander that trade disputes in this age are more than that in any one. With many a excellent people’s eight-year endeavor, called "Peal in the Crowd", World Trade Dispute Settlement Mechanism was created in Uruguay Round attracting tremendous attention, putting an end to forty-seven-year-old General Agreement on Tariff and Trade in world trade history.Speaking highly of Dispute Settlement Mechanism, members of World Trade Organization take advantage of it to protect economic interest activity. However, unfamiliar with regulations, not solid enough in economic capability, lacking law talents, some members, especially developing countries aren’t able to make use of Dispute Settlement Mechanism as expected in practice. Faced with disobeying rules, members fail to protect themselves, which gives rise to the third party system. From then on, a lot of members take part in dispute settlements as the third party. As we all know, practice is the sole criterion for testing truth. The third party system proved to be practical, vital one owing to its high using frequency.However, there are several miles to go in order to perfect system. Although members held Doha Round Negotiations with great wishes, confronting with various difficulties, they didn’t reach consensus, just create the 2003 and 2008 Chairman’s Text. It needs great endeavor to perfect the third party system, settle international dispute effectively, put Dispute Mechanism into practice as soundly as possible.The paper mainly uses the empirical analysis, comparative analysis to research the third party system. The thesis consists of four parts. Firstly, the concept is clearly delineated. The paper concludes the characteristics of the third party system, as well as compares it with third persons in PRC court proceedings and intervening nations of International Court of Justice, which make foundation for forthcoming improvements. Secondly, the problems in the third party system are described logically owing to plenty of practical cases. Thirdly, based on chairman’s texts in Doha Round negotiations and proposals of WTO members, the part is an overview on the improvement suggestions of the problems in the third party system. In the face of improving regulations, China should make prepares from both domestic and global:participant in it and improve internal capacity. The fourth part articulates the situation of our country as the third party involved in dispute settlement in recent years. Furthermore, it provides improvements on safeguarding our own interests.
Keywords/Search Tags:WTO dispute-settlement system, third party, DSU
PDF Full Text Request
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