Research On The Legal Issues Of WTO Retaliation Regime

From the perspective of empirical analysis,this paper discusses the retaliation regime in WTO dispute settlement system.The first two relief measures are fulfilling their responsibilities and obligations actively and reaching a compensation agreement.After the first two relief measures,WTO dispute settlement system is the last relief measure,which can provide an effective institutional guarantee for the members of WTO and can urge the defaulting members to carry out the recommendations and rulings actively.Legislators in the field of international economic law have been successful in setting up a retaliation regime under the WTO system,but the case for the WTO retaliation granted by the winning country is very rare.In addition,the WTO retaliation system exposed many defects and deficiencies in the actual operation process,which affected the initiative of member states to put retaliatory measures into action.Therefore,for the retaliation system under the WTO system,we also need to use various research methods to develop and perfect.WTO retaliation system comes from the retaliation system of the general international law system and is developed from the GATT retaliation system.In terms of retaliation condition,retaliation range,the level of retaliation and other aspects,the legal regulation tends to be improved,and has realized the effective multilateral control of retaliation authorization.In the course of WTO dispute settlement mechanism's operation,it is the most crucial link how to promote the losing member state to fulfill its unfulfilled obligations.At this point,to determine whether the defaulting members can fulfill their obligations within the specified time or whether the defaulting members can fulfill their obligation in accordance with the requirements of the agreement and how to make defaulting members perform their obligations becomes the the frontier of international economic law,especially the field of WTO.DSU clearly defines the conditions,principles and procedures for retaliatory measures.Despite the provisions,the theory of retaliation in the WTO legal system still needs further study and deepening.It is of great theoretical significance to study the WTO retaliation system.For the defects of the retaliation system,there have been a variety of problems in the actual operation process,most of these problems is the efficiency of the retaliation system,and member countries require to improve the efficiency of the retaliation system.Therefore,how to improve the effectiveness and pertinence of retaliation system is worth discussing deeply.The importance of WTO retaliation system caused relevant departments' attention,who is responsible for the WTO dispute settlement practice,in either the plaintiff or defendant,it is necessary to further study the retaliation system,strengthen the research on the revenge problems,combined with China's major national needs.In view of the legal difficulties faced by the WTO retaliation system,this article puts forward the legal countermeasures and suggestions from the experience and lessons of the developed countries and developing countries during the operation of the retaliation system.First of all,on the sequential problem,the relevant legislation of WTO retaliation system should implement a legislative program on the "order problem",and the starting procedure of retaliation should be based on the confirmation of losing members not performing the recommendations and rulings of the expert group;then it puts forward some suggestions in determining the reasonable time that we should adhere to respect the opinions of the country and accept supervision of the coercive power;finally,on the execution supervision mechanism,it puts forward recommendation that we should study the practice of setting penalties under the NAFTA system,for those who do not perform the group's recommendations and rulings within a reasonable period,it should impose a certain penalty.