On The Perfection Of WTO Dispute Settlement Mechanism

The WTO dispute settlement mechanism is an important and controversial international dispute settlement mechanism.The dispute settlement mechanism is the most core and unique function of the WTO system.It maintains the authority of the WTO and guarantees its normal and effective operation.Therefore,it is known as the "Pearl in the Crown" of the WTO and is therefore valued by the main members.The WTO without a dispute settlement mechanism is incomplete.The biggest contribution of WTO to the stable development of the global economic and trade system is its unique dispute settlement mechanism.The WTO dispute settlement mechanism is the core pillar of the multilateral trading system.In today's rapid economic development,trade exchanges between countries are becoming closer and closer,and there is also inevitable trade friction.Using WTO dispute settlement mechanisms to deal with trade frictions has become the best choice for major WTO members.Taking the Sino-US trade friction as an example,since the establishment of the WTO in 1995,the United States initiated a total of 298 cases of trade remedy initiated against China.Especially in recent years,With the increasingly frequent economic and trade exchanges between the two countries,large and small trade frictions have followed.In resorting to the WTO dispute settlement mechanism for Sino-US trade friction,U.S.trade protectionism is on the rise,pursuing the "American first" trend of thought.The Trump administration's unilateral measures have caused serious damage to the WTO dispute settlement mechanism.Simultaneously,the dispute settlement mechanism also exposes its inherent shortcomings,such as vague "exception regulations",lack of necessary security measures,insufficient transparency,and difficulty in enforcement of awards.The maintenance of international free trade rules depends on a perfect WTO dispute settlement mechanism.It is a theoretical subject of practical significance to explore the research of perfecting WTO dispute settlementmechanism in the context of trade friction,and it has profound theoretical significance and practical value.This article is divided into three parts.The first part starts from tracing the background of the WTO dispute settlement mechanism.It fully understands the specific operation process of the four major procedures of the existing dispute settlement mechanism,and further expounds the characteristics and importance of the WTO dispute settlement mechanism.On this basis,the reform process of the WTO dispute settlement mechanism and the current reform plans of various countries have been sorted out.After fully understanding and understanding the WTO dispute settlement mechanism,starting from Chapter 2with the Sino-US trade friction as an entry point,a further analysis of the repeated violations of the United States in the process of resorting to the WTO dispute settlement mechanism for the settlement of Sino-US trade friction The rules of the WTO dispute settlement mechanism have caused great damage to the WTO dispute settlement mechanism.The specific manifestation is the unauthorized implementation of unilateralism measures and malicious obstruction of the selection of the appellate body judges,resulting in the appellate body being shut down due to insufficient staff.At the same time,it analyzes a series of defects in the procedures and systems exposed by the WTO dispute settlement mechanism in dealing with trade frictions.China has some difficulties in the reform of the WTO dispute settlement mechanism,mainly including: backward ideology,inadequate legal system,inadequate talent development,and uncoordinated communication among the subjects.China needs to understand and resolve these issues in the process of participating in the WTO dispute settlement mechanism reform.In the third part of this article,first of all,we make a scientific outlook on the reform prospects of the WTO dispute settlement mechanism and make an issue design,so that the reform road is stable and gradual.Secondly,based on the WTO and China's two positions,it proposes countermeasures and suggestions for improvement from the operability point of view,and provides suggestions for improving the inherent defects of the WTO proposed in the second part of thisarticle,Improve the internal ideology,law,system,talent construction,institutional organization,creatively proposed the establishment of trade friction prevention mechanism and the Belt and Road dispute settlement mechanism;externally actively participate in the WTO dispute settlement mechanism reform to restore the appeal body The normal operation of the country is a top priority,and other reforms are carried out in order to promote the healthy and steady operation of international economic and trade relations.From the perspective of Sino-US trade frictions,the reform of the WTO dispute settlement mechanism was launched to better use the WTO dispute settlement mechanism to handle Sino-US trade disputes and provide direction guidance for the establishment of a new international trade order.In the long run,it is to increase China's enthusiasm to use the WTO to resolve disputes,reshape and improve Sino-US economic and trade rules,and provide Chinese style and contribute Chinese wisdom to the resolution of trade disputes around the world.Therefore,the WTO dispute settlement mechanism can really become the protector and defender of international trade fairness.