Study On Retaliation System In WTO Dispute Settlement System

In the context of economic globalization,in order to seek the rapid development of its own economy,a country continues to increase trade with other countries and the trade frictions are also increasing.In order to resist trade protectionism and eliminate trade barriers,WTO member states ultimately reached the “ Understanding on Rules and Procedures Governing the Settlement of Disputes”(referred as DSU),after several rounds of negotiations in the Uruguay Round,which created a series of solving rules of the dispute.As the last resort,the retaliation system has a very important position in the WTO trade dispute settlement system.In the practice of more than ten years,it has given full play to its deterrent and promotes the WTO go further on the road to the establishment of an open,complete,lasting and integrated multilateral trade system.But it also exposed some shortcomings that could not be overlooked,such as poor legislation,conflicting procedures,and failure to ensure that developing countries,especially the least developed countries,gained corresponding share and benefits in international trade growth.On the basis of detailing the defects of retaliation system,this paper will put forward some relevant suggestions from the perspective of developing countries,and also hope to provide reference for China's participation in WTO dispute settlement mechanism reform.This article is divided into four parts:The introduction part introduces the research background,significance and method of this paper,and combs the research status quo at home and abroad.It points out that the research on the system of retaliation has profound theoretical and practical significance.At present,the domestic monographs and literatures on the WTO retaliation system have corresponding research in aspects of the procedures of retaliation system,the calculation of retaliation level and the improvement of cross-retaliation.Researches are relatively more comprehensive abroad.The first chapter mainly tells about the historical evolution,the significance and characteristics,the purpose and specific content of the WTO retaliation system,sums up the inheritance and development of the WTO retaliation system to the countermeasures in general international law and the retaliation system in GATT.It points out that “negative consensus”,as the decision rule of WTO,has increased the possibility of retaliation authorization,WTO has established the real multilateral system and WTO retaliation system has purposes both promoting the implementations of the rulings and rebalancing the trade.The second chapter analyses the practice status and the realistic dilemmas of the WTO retaliation system,and analyses the existing problems combined with the classic case of retaliation.It points out that there are conflicts between the rules of DSU itself,the retaliation level is not easy to be defined,DSU is weak in post-retaliation period and the retaliation is difficult to implement when the winner is a developing country.In the third chapter,the author puts forward some suggestions for the defects aforementioned of the retaliation system,with the main purpose of strengthening the retaliation abilities of developing countries,which mainly include that clarifying the order in which the retaliation authorization procedure and the implementation of objection procedure are applied;perfecting the rules of the retaliation level;building a dispute resolution process of post-retaliation period;enhancing DSB's control of retaliation list;bringing in the collective retaliation system and reforming the cross-retaliation system to strengthen the retaliation abilities of developing countries.