Research On China's Cases Of Reasonable Period Of Time In The Implementation Of Recommendations And Rulings Of WTO And Countermeasures

In recent years,with the rapid development of global economy and trade,China's import and export trade has become increasingly prosperous after the accession to WTO on December 11,2001,then China has been participating in the WTO dispute settlement mechanism for disputes.The smooth implementation of the recommendations and rulings of WTO is conducive to not only the protection of the interested parties,but also the maintenance and promotion of the WTO dispute settlement mechanism.In principle,the implementing party of the dispute shall comply immediately with the recommendations and rulings of the DSB.However,if it is impracticable,the implementing party shall have a reasonable period of time when to do so.The reasonable period of time for the implementation of the recommendations and rulings of WTO shall be determined by binding arbitration in the absence of the DSB's approval and parties' mutual agreement.There are 33 cases concerning reasonable period of time determined by arbitration,including 3 cases where China was the complaining party or the implementing party.It is absolutely necessary to study the arbitration system of reasonable period of time to better settle relevant disputes that will occur in the future.This thesis is based on three combined methods of text analysis,case review and comparative research and especially focuses on important factors that affect the reasonable period of time in China's cases.Considering that the system is provided only by Article 21.3of DSU under WTO and complemented by cases,it is reasonable and applicable to concentrate on the methods before we propose countermeasures.There are three crucial factors that China has not learned to control.Firstly,the principle that the implementing party must use whatever flexibility available within the legal system;secondly,the principle that the implementing party must make a good faith effort to finish the obligation;lastly,the principle that the implementing party has the right to request arbitrators to pay particular attention to matters that affect the interests of developing country parties.China should intensively refer to successful experience of previous cases and attach extreme importance to the study of these three principles combined with the use of evidence.As the complainant,China should make full use of the principle of flexibility to compress the non-mandatory time recommended by the implementing party,pay close attention to whether the implementing party fulfills the obligation in good faith,and actively claim the principle of paying special attention to the interests of developing countries.As the implementing party,China should adjust domestic legislation with reference to WTO rules or transform certain practical experience into standard practices,fulfil the obligation in good faith,and actively claim and appropriately use the principle of paying special attention to the interests of developing countries.In this way,China may enjoy more favorable conditions in the future reasonable period of time arbitration.