Issues Of Cross-agreement Retaliation In The WTO

As the last legal resort of the Dispute Settlement Mechanism of WTO,cross-agreement retaliation prompts the responding party to conduct rulings and recommendations of the Dispute Settlement Body(hereinafter referred to as "DSB")by more powerful trade sanctions,so it plays a significant role under the Dispute Settlement Mechanism.Nevertheless,cross-agreement retaliation would be impacted by differences of economic strength of states parties,different types,methods of execution and the level of cross-agreement retaliation measures.Meanwhile,relevant clauses of Understanding on Rules and Procedures Governing the Settlement of Disputes(hereinafter referred to as "DSU")are imprecise in law,besides,its legal systems are imperfect or even lack,thus there are a lot of shortcomings of practical applications of such types of measures.Therefore,this thesis presents substantive issues and procedural issues of cross-agreement retaliation.Among them,substantive issues include the scope and level of cross-agreement retaliation measures while procedural issues comprise authorization and termination of these types of measures.Additionally,this thesis analyze the above problems by combining the existing three cross-agreement retaliation cases and relevant clauses of DSU,moreover,it also puts forward suggestions for revision correspondingly in order to promote the improvement and development of cross-agreement retaliation and make it work efficiently.This thesis is divided into four parts.The first part is introduction that expounds the definition,characteristics,origin,types and influences of cross-agreement retaliation.The second part discusses the substantive issues in terms of scope and level of cross-agreement retaliation by analyzing DSU22.3.(c),US—Gambling,DSU22.4 and US—Upland Cotton,it suggests establishing reverse retaliation mechanism and adding retrospective remedy clause to DSU.The third part analyzes the procedural issues in respect of authorization and termination of cross-agreement retaliation by discussing DSU22.3.(c)and(d),EC—Bananas III,DSU22.8 and 21.5,it proposes to adopt mandatory compensation measures as well as suggestions for revision of relevant clauses.The fourth part expounds compatibility,selection and implementation efficiency of cross-agreement retaliation.Last but not least,this thesis concludes the above analysis and proposes the forecast to cross-agreement retaliation.