Research Into Enforcement Issues On Dispute-resolving Mechanism In WTO

WTO is the greatest inter-governmental economic organization in the world. The dispute settlement body plays a key role in dealing with international trade disputes. Different from domestic law, the enforcement of international law lack of coercive force of the state and mostly rely on state consent, honor and other international society factors. That leads enforcement of DSB to an unsatisfactory circumstances. Quite few of DSB decisions are executed immediately. However, from another perspective, this situation had been taken into consideration while the WTO was building up. The reasonable time limit clause has been added into agreement, which makes members’ delaying in performance legal. This not only respects for members’ sovereignty, but also maintenance WTO;s authority. In recent years, the negotiation makes little progress, so that the legal system of WTO is not significantly changed. For this reason, this paper does not focus on researching how to improve DSB legal system to get better enforcement result. This paper do focus on that: under existing circumstances, how could members such as America and European union defendant their trade benefit by properly using WTO regulations? What could our state learn from them?The first part of the paper introduce the character of DSB and DSB decisions legal characters. DSB has a multilateral nature and periodicity. DSB decisions can be divided into recommendations and suggestions. The former has legally binding force while the latter does not. According to DSB characters and DSB decisions characters, the types of executions are immediately execute, delay execute and efficient breach.The second part briefly introduces WTO members enforcement situation and analysis the phenomenon. Mostly developed countries are WTO founding members and familiar with WTO regulations. So they know how to protect their interests in disputes through WTO. However, many developing countries don’t understand regulations very well and lack of practice experience. As a weak part, they don’t know how to protect their interests.The third part analysis cases of China involved in WTO disputes and the consequence of enforcement. Find out problems through disputes practice.The last part is combined with the previous analysis, try to give some suggestions of China execute DSB decisions.