Study On The Conflict Of WTO And RTA Dispute Jurisdiction

In recent years,various types of regional trade agreements(hereinafter referred to as RTA)have emerged in succession,and regional trade has developed rapidly.With the process of regional integration intensifying,the current multilateral trading system has been severely impacted.Many countries are not only members of WTO but also members of RTA.And they are bound to be constrained by both in economic activities.Although many RTAs are formulated using the WTO agreement as a template,there are many differences between the two in terms of specific regulations.It is precisely because of these differences and their independent dispute resolution mechanisms that the conflict between the two is inevitable.In this paper,the conflict of jurisdiction in the dispute settlement mechanism between WTO and RTA is analyzed and studied in order to find a way to coordinate the relationship between them.In addition to the preface and conclusion,this paper is divided into four parts:The first part starts with the case.After detailing the case of the first case of the conflict between the WTO and RTA dispute resolution jurisdiction-the case of "Mexico-Tax measures on soft drinks and other beverages",this paper emphasizes on the analysis of the jurisdiction of the panel of experts of the WTO dispute settlement bodies in this case.Then it leads to the discussion on the conflict of jurisdiction between WTO and RTA dispute settlement mechanism.The second part mainly analyzes the causes of the conflicts between WTO and RTA dispute resolution jurisdiction and the impacts.It is due to the existence of cross-jurisdiction between WTO and RTA on jurisdictional rights,the inconsistency of their jurisdictional systems,and the lack of effective RTA regulation by WTO that creates a conflict between WTO and RTA dispute resolution mechanisms.The conflict between the two will not only result in a conflict ruling,but it will be detrimental to the recognition and enforcement of the ruling.It will also increase the burden and pressure on the parties to the dispute so that the rights of the parties to the dispute cannot be effectively remedied and guaranteed.Judicial resources,which undermine judicial authority,affect judicial efficiency,and more importantly,are not conducive to safeguarding the fairness and authority of the law,further leading to the fragmentation of the international legal system and jeopardizing the development of the international economy and the process of economic globalization.Therefore,it is necessary to coordinate the conflict between WTO and RTA dispute resolution jurisdiction.The third part mainly analyzes the related path to resolve the conflict between WTO and RTA dispute resolution jurisdiction.First of all,it analyzes the applicability of the principle of conflict of jurisdiction in the civil lawsuit field,and considers that some principles such as estoppel can be applied directly.Some principles such as inconvenience to the court principle and the principle of non-compliance still need to be continuously explored and improved in practice.Then proposes that in the resolution of the conflict of jurisdiction between the WTO and the RTA dispute settlement mechanism,four solutions can be considered to solve the dispute,namely the distinction between "jurisdiction" and "admissibility",the rational use of treaty interpretation,judicial comity,and negotiation between the parties.Effectively coordinate the relationship between the two.The fourth part discusses how to deal with the conflict between the WTO and RTA jurisdiction in China in light of the actual situation of China's economic development.Although China has not encountered similar situations in the process of international dispute settlement,with the gradual implementation of the “Belt and Road” initiative,China may encounter it in the future in the process of regional economic development.In view of this,we can take advantage of the advantages and disadvantages in the future practice,that is,we can make full use of the two resources of WTO and RTA,actively promote the coordination of the two,and achieve the purpose for my own use.At the same time,we must continue to promote the increasingly perfection of RTA signed by China,so that our country is in a dominant position in international trade and then enhance the international competitiveness of our foreign trade.