Study On The Retaliation System Of WTO Dispute Settlement Mechanism

WTO retaliation system,in which plays an irreplaceable role,is the last resort of the depute settlement mechanism.It is mainly stipulated in in Article 22 of the DSU,which has developed from the GATT reporting system.It has the characteristics of interim,equivalence,and sequential,and has an important role in urging countries to comply with DSB's decisions.However,due to the globalization of international trade and the varying strengths of countries,replication system has not fully played its due role in practice.Take the Antigua v.United States gambling case as an example.As a developing country and a relatively weak country,although Antigua won and was authorized to retaliate,it did not actually take action in practice which restrict the system to the theoretical level.In order to solve this dilemma and ensure the effectiveness of retaliation measures,WTO member states have proposed a series of reform measures.Some of these measures are more easily accepted and operated by the international community.For example,supplementary monetary compensation is used as a means of retaliation.There are also more radical reform measures such as collective retaliation and transfer of retaliation rights.The implementation of these measures can obviously increase the deterrent power of reporting.However,the lack of detailed rules and standards in practice requires longer discussions and more detailed safeguards and monitoring systems by WTO member states.In the value system of law,the purpose value of the law constitutes the social purpose pursued by the legal system and reflects the purpose of law formulation and implementation.It is the authoritative blueprint of the ideal state of social relations and the authoritative declaration of rights and obligations.In the process of reforming the reporting system,we should rely on its purpose and seek the best interests of the member states.The complexity of the international situation has made it impossible for the international legal system to have the same legislative and judicial systems as the domestic legal system.Countries will not make concessions on reform opinions for their own sovereign rights and interests.It seems remote to reform of the replication system.In this case,it is even more important to identify the purpose of the WTO's retaliation system,with a view to advancing its reform process and speed.The reform of retaliation must clarify the center of the reform,that is,the loopholes in its laws and the shortcomings in practice.The shortcomings of the degree of retaliation are mainly concentrated on the contradiction in the legal provisions of the retaliation procedure,the poor operability of retaliation confirmation,the difficulty in implementing retaliation,and the lack of supervision on retaliation.In response to various issues,each member country has brainstormed and has matured or bold suggestions.How to integrate the improvement opinions put forward by various countries and make corresponding reforms is the focus and reform direction of the WTO retaliation system.Reform of the WTO retaliation system is by no means a straightforward path,nor a one-time effort.It is necessary to make clear the purpose of retaliation system and make a more scientific choice in accordance with the development reality of the international community.