The Study Of Sequencing Issue Between Article 21.5 And Article 22 Of DSU

The topic of this dissertation is the Sequencing Issue between article 21.5 and article 22 of DSU. Due to the defects of the provisions, there are some mismatches of article 21.5 and article 22 of DSU when the two legal procedures exist at the same time. Therefore, these two articles must be brought in accordance, otherwise the problems in implementation may arise which will cause the WTO dispute settlement mechanism unworkable. Though the sequencing problem has been solved temporarily by a mutual agreement between the parties to a dispute, such actions are palliatives. Therefore, as the author, I intend to find a best solution of the Sequencing Issue by the explanation of article 21.5 and article 22 of DSU, the introduction of some classic cases and the analysis of advantages and disadvantages on the current solution.Besides the preface and the conclusion, this dissertation is composed of the following four chapters:Chapter one introduces the background of the International Trade Dispute Settlement Procedure and analyzes the causes of Sequencing.Chapter two analyzes the relationship between article 21.5 and article 22 by the explanation of the two articles.Chapter three introduces some classic cases about the Sequencing Issue to conclude that it is very emergency to seek a radical solution of Sequencing.Chapter four discusses how to modify the article 21.5 and article 22 of DSU and to find out the essential causes that why the Sequencing Issue has not been solved yet. It is difficult for all WTO members to reach an agreement upon by consensus for the Sequencing Issue because each member state has its own national interests.