Research On The Retaliation In WTO Dispute Settlement Mechanism

Former WTO Director-General Ruggiero said: "If we do not mention the dispute settlement mechanism,any assessment of WTO achievements is incomplete.The dispute settlement mechanism has played a unique role in the stability of the global economy.As a multilateral trading system.The main pillar is known as the “Pearl of the Crown.” Since 1995,more than 500 disputes have been initiated by various members,and the DSB has issued more than 350 rulings.But like any other system,the WTO dispute settlement mechanism is not perfectly.With the continuous development of the world economic structure,the ever-increasing practice of international trade disputes is characterized by diversity and complexity.The implementation dilemma of the WTO dispute adjudication has made this crown crowned with a bit of bleakness.Article 22,which is the copy of the WTO newspaper composed by the core,has played an important role in promoting the implementation of DSB rulings and recommendations.But in theory and in practice,there are also many problems in retaliation in the WTO dispute resolution mechanism.Implementing the "One Belt and One Road" initiative,the establishment of the Asian Investment Bank,the establishment of the Silk Road Fund,the "One Belt and One Road" Summit,the summit of the G20 leaders in Hangzhou,and the meeting of the leaders of the BRICS countries in Xiamen.With the improvement of economic development,our country's role and role in the world are becoming more and more important,and international trade disputes have also increased accordingly.Studying the issue of retaliation in the WTO dispute settlement mechanism is of great significance for China's international economic development and strengthening foreign trade cooperation.From 1995 to 2017,China has attend WTO proceeding with 15 cases as claimant,39 cases as the respondent,and 141 cases as a third party.Whether it is the need of China's economic development or the pressure of the external economic environment,China needs to further better respond to the degree of newspaper replication in the WTO dispute settlement mechanism.Whether it is responding to the degree of newspaper copying in the WTO dispute settlement mechanism,or using the WTO dispute settlement mechanism to handle international trade disputes and disputes,it is necessary to strengthen the capacity building for participating in the WTO dispute settlement mechanism.This paper aims to provide a theoretical basis and reference value for China to formulate reasonable and effective countermeasures in responding to the degree of copying of the WTO newspaper and participating in the WTO dispute settlement mechanism.This article is mainly divided into five parts:The first part of this paper is an overview of the retaliation system of the WTO dispute settlement mechanism.First of all,from a historical perspective,use comparative analysis method to study the background and development history of retaliation in the general international law,GATT1947 and WTO dispute settlement mechanism.In combination with Article 22 of the DSU and case practice,the conditions for retaliation in the WTO dispute settlement mechanism,the principle of retaliation,and the purpose of retaliation are analyzed.The second part deals with the issue of retaliation procedures in the WTO dispute settlement mechanism.It mainly analyzes the reasons for the conflict of execution of the DSU 21.5 execution compliance review procedure and the DSU Article 22 retaliatory procedure,and the practice of the WTO member to solve the problem of the order of application of this procedure.Discuss the irrationality of the arbitration time limit stipulated in the DSU Article 22.6 Arbitration Procedure,the problems in the time limit of retaliation arbitration practice and the guideline of adjustment.The third part studies the level of retaliation in the WTO dispute settlement mechanism.The determination of the level of retaliation is an important part of retaliation system.Mainly in combination with Article 22.4 and Article 22.7 of the DSU,it analyzes the DSU's regulations on the level of retaliation.From the perspective of institution,practice,and purpose,find the difficulty in determining the level of retaliation.Through the opinions of experts and scholars and the arbitrator's practice in retaliation and arbitration,analyses the factors that should be taken into consideration in the calculation of the level of retaliation under general circumstances and the influence of professional economics on the arbitrator's calculation of the level of retaliation and its consequences.The fourth part deals with the execution of retaliation in the WTO dispute settlement mechanism.The successful party relied on the results of the arbitral award to apply for retaliation authorization from the DSB.The DSB will grant the right of retaliation unless the DSB decides to reject the request with a consensus.The implementation problems of retaliation in practice mainly focus on whether the retaliation has been implemented and the effect of implementation.In improving the status of implementation,the role and insufficiency of introducing monetary compensation systems,collective retaliation,etc.,will be compared and analyzed,and the significance of strengthening the supervision of retaliation execution will be explored.The fifth part studies our country's countermeasures.According to the economic development of China's current situation as well as participation in the WTO dispute settlement mechanism practice situation,in the research,on the basis of the foregoing part retaliation from two angles of the compound and was reported compound analysis China how to better cope with the retaliation system in WTO dispute settlement mechanism.It is necessary and important to study China's capacity building in WTO dispute settlement mechanism.From cultivating professional talents,summarize the research always dispute cases,strengthen the understanding and using of dispute settlement procedures and rules and improving China's legislation to enforce the WTO ruling and revenge to implement four aspects analysis how to strengthen the construction of the ability to participate in the WTO dispute settlement mechanism.