A Research On The Jurisdiction Conflicts Of International Trade Dispute

In recent years, comparing with the stagnant of Doha round, the Regional Preferential Trade Agreements are developed in a more and more strong tendency.This fact has exerted a strong impact on WTO, where the possibility of some legal problems like jurisdiction conflicts comes into sight. According to Article 24 of GATT,Differential and More Favorable Treatment Reciprocity and Fuller Participation of Developing Countries and Article 5 of GATS, the member of WTO enjoy a double legal statue. Therefore, the choice of dispute settlement body leads to a problem of jurisdiction conflict, where the unsteady of international trade and legal order being followed. According to China’s nation character, there are four seats in WTO under the China’s autonomy, Mainland of China,Hong Kong, Macau and Taiwan. Meanwhile the Regional Preferential Trade Agreements is developed in a positive period. The research of jurisdiction conflicts will show a value of reference function.Based on this background, we discussed some cases which happened between WTO and Regional Trade Agreement. Through the analysis of relevant rule of WTO and Regional Trade Agreement, solutions about this issue are trying to be concluded.Three chapters will be included in this passage:Chapter one: in this part, 3 cases will be discussed and a reason analysis will be followed. The situation of jurisdiction conflicts is mainly divided into two cases. The first is a party complained to WTO and RTA repeatedly and the second one is the parties complained to WTO and RTA separately. Through the analysis of Mexico-Tax Measures on Soft Drinks and Other Beverages and Argentina Definitive Anti-Dumping Duties on Poultry from Brazil, the reason for the issue was found: The overlap of jurisdiction conflicts, the systematic difference between WTO and RTA on jurisdiction, the balance of interests among the parties.Chapter two: The rule of jurisdiction in DSU and RTA. In this part, the rules of jurisdiction were analyzed separately. The aim of this chapter is to find out the difference between two systems, so as to the effectiveness of forum selection clause can be discussed. These clauses were designed in the dispute settlement in purpose of getting rid of the fact that the jurisdiction conflicts appeared. But according to practice,the function of thus kind of clause can only exert a influence to RTA.Chapter three: reconciliation of conflicting: possible solution for jurisdiction conflicts. This part will bond with the case aforesaid. And some practice was summarized to solve the problem: The Application of Forum Selection Claus, the Application of Legal Obstacles, and the Application of International Principle. This passage is trying to give suggestions for the issue of jurisdiction conflicts by means of combing with the rule of other field and international organizations. From the prospective of international private law, the Incident No Longer Principle, the Forum Non Convenience Doctrine, the Doctrine of Court Received First can be a reference.Meanwhile, the Distinguish of Jurisdiction and Admissibility from International Criminal Court can be used in WTO Dispute Settlement Mechanism.