Research On Jurisdiction Conflict And Coordination Between WTO And RTA Dispute Settlement Mechanism

With the rapid increase of the International Court with specialized international rules system and various treaties as the basis,the fragmentation of international law is becoming more and more serious,which has aroused wide concern from the international community.Even though,in the unification principle of international law,it is still sought to ensure the consistency of international law to some extent.This is mainly depended on the thirty-first about treaty interpretation in the "Vienna Convention",and some practices about conflict resolution in international law.They alleviate the conflict between the rules of international law and ensure the consistency of the norms of international law to a certain extent.At present,the dispute settlement mechanism of international law is scattered and not systematic,which is because the different treaty systems have caused the imperfect coordination and communication mechanism between different courts.It may result that inconsistent or contradictory judgments are made in the same or similar cases among the dispute settlement mechanisms.In order to improve consistency,in the International Court,the norms can be settled according to some traditional consensus-reached jurisdiction,such as pending litigation,resolved cases and comity,to reduce the conflict of jurisdiction as far as possible.In the conflict of jurisdiction between WTO and RTA dispute settlement mechanisms,there is great difficulty.In the identification and classification of this paper,there is great difficulty in the conflict of jurisdiction between WTO and RTA dispute settlement mechanisms,even with the exclusion of RTA parties conducting prosecution in the WTO.Although the case is more adapted to the jurisdiction of the RTA court.In some cases,WTO members can decide to launch the WTO procedure,even which will violate such RTA jurisdiction clauses.However,on the basis of analysis of law,this behavior of chosing WTO litigation can be considered to be a true sense of the abuse of rights.If not making positive response for the sabuse of right litigation in WTO,the WTO court may be inconsistent with the relevant RTA award when dealing with the same dispute,not only will which violate the principle of unity of international law but it will also weaken the legitimacy of their own.In addition,if the WTO court wants to face this issue and take measures on the problem of the right abuse in WTOlitigation,as well as RTA jurisdiction provisions of problems and possibilities of considering the application of the jurisdiction mediation mechanism.It may have to face another highly controversial issue for a long time with sticking to his own viewpoint for each one : Whether in WTO court,the rules of international law can be applicable.In this paper,to solve these problems,first through cases,the jurisdiction conflicts between WTO and RTA were explored,and the focus of dispute was summarized.On the controversial issue,the various academic opinions at home and abroad were carefully analyzed to seek the most eclectic approach in the difference.The important conclusion of this paper was: just for a procedural issue,if the DSU did not set any specific provisions,then the WTO dispute settlement body should properly perform its functions as a judicial authority.The WTO dispute settlement body still had the right to invoke relevant RTA jurisdiction provisions to assess the what role these international law norms played on the jurisdiction of the WTO ruling body.Finally,to deal with the dispute for the WTO arbitration organization,some solutions were put forward on the basis of the existing WTO legal system.Thus,if the two sides of thedispute were in face of such potential conflicts,the occurrence of such conflicts could be effectively prevented and avoided.It must be emphasized that: If in the case,the WTO dispute mechanism dismissed the request of the complaining party,it didn’t mean that it made way for or lowered head facing the RTA dispute settlement mechanism;In this case,if the WTO ruling institutions could dismiss the case to reflect the understanding of the true meaning of the relevant parties,and endue the legal significance into the true meaning of the parties,not only could the international law in the standard meaning and meaning on the system fragmentation be reduced,but the consistency of the international legal system could also be effectively promoted for the WTO dispute settlement mechanism.