Study On The Dissenting Opinions To The Implementing Procedure Of WTO Dispute Settlement Mechanism

The WTO dispute settlement mechanism is one of the most authoritative resolutions to international economic disputes.The “Understanding on Rules and Procedures Governing the Settlement of Disputes(DSU)” has made a solid foundation.The Article 21.5 of DSU,which stipulates the dissenting opinions to the implement procedure,has guaranteed the functions of the WTO dispute settlement mechanism,both theoretically and experimentally.The WT/DS414 case has received much concerns in the international society in recent years.It is the first time that China has engaged in such a procedure.The paper firstly introduces the WT/DS414 case and its specific implementation of procedures,especially the historic practices,theoretic functions,cases study and conflicts.By the law-comparison method,this paper compares the dispute settlement mechanism and the objection procedure of WTO with them of NAFTA,CAFTA and TPP.Futhermore,it gives some more advanced discussions.In the application,the dissenting opinions mechanism are infulenced by many factors,including the international market,trade rules,social values and domestic environment.Not only the implementing procedure,but also the dissenting opinions and implementing remedies are all the game results based on the economic and political powers.They are closely linked to the market advantages and international trade status of different countries.Simultaneously,the national decision-making is also determined by the domestic political structure,legal environment and interest groups.In general,China has not operated the implementing procedure effectively and dealt with the dissenting opinions flexibly.Therefore,we should establish the domestic legal system conforming with the WTO rules,which could offer enough time for domestic economic transformations.Meanwhile,in the international society,we should frequently attend the international trade cooperations and jointly improve the ability to resist risks.Especially for the WTO,we need to actively participate in the WTO dispute settlement mechanism,pay more attention to the consultation procedure,strengthen the WTO case study and thus gain more experience and skills from the past cases.In this way,implementation ways and flexible application of the WTO dispute settlement mechanism could help us better safeguard our national interests and establish a reasonable international world.