The Study Of Financial Compensation In The Solution Mechanism For Disputes In WTO

In the current world,due to the special subject of international law in international law lack force,people doubt whether it can effectively regulate the national questions,in particular,how to undertake international law and how to remedy the country who is impaired in weakness,it make the law always been questioned.In international law,once a country has implemented measures inconsistent with international law,he will bear the international responsibility of international law,such as compensation,termination of illegal acts.The monetary compensation mechanism is one of the forms of international relief in the field of international public law.In WTO,the WTO set a number of "package",which involved in the WTO rules are mandatory binding to certain members of the WTO,but also set up a dispute settlement mechanism to deal with increasingly complex disputes between member states.This paper consists of five parts,the first part is the origin and function of monetary compensation mechanism are briefly summarized.Then in the second part and the third part from the necessity and compliance of two aspects of the necessity of monetary compensation mechanism of the compliance of two aspects,Among them,the most distinctive feature of the WTO dispute settlement mechanism is the mechanism of compensation and retaliation.However,with the increasingly complex international trade,economic globalization,the original mechanism has been difficult to adapt to the current global rhythm and has many disadvantages?For example,damage their innocent industry,reduce litigation efficiency etc..Therefore,it is urgent to seek an alternative mechanism.All scholars and experts put forward a variety of solutions,such as mandatory compensation,retroactive compensation,monetary compensation etc..In these views,the most intense because of monetary compensation,monetary compensation has many advantages: to avoid violations without undue delay;can give economic compensation in some existing damage;compensation can make up the defects of revenge,is conducive to the protection of rights of vulnerable developing countries or countries,through the economic pressure to urge violations is not consistent with its correction WTO measures.From the point of view of the current international practice,some international organizations will be compensated in the form of legal provisions,and in the WTO has also taken a number of monetary compensation as a means of compensation.The fourth part is mainly about the current WTO case analysis,and then in the fifth part of the currency compensation,the introduction of WTO how to design rules and factors to consider Can also be seen from these cases,the introduction of WTO monetary compensation is not to punish the damage caused by the violation of the state to the injured country,and its ultimate purpose is to urge violations of the country to fulfill its obligations in a timely manner.Indeed,the monetary compensation mechanism into WTO does not mean that it can solve all the problems of the existing WTO,also before the introduction of this mechanism,we should learn from the practice has occurred in the case,the monetary compensation mechanism from the target and significance of its existence and the amount paid,retroactive problem.However,the author firmly believes that the introduction of monetary compensation WTO dispute settlement mechanism will be of great significance to members.