Study On The Compliance Of Dispute Settlement Rulings Under The Background Of WTO Reform

WTO dispute settlement mechanism plays an indispensable role in solving trade disputes effectively and maintaining multilateral trade system.The understanding on dispute settlement rules and procedures points out that WTO dispute settlement mechanism is the central link to provide guarantee and predictability for multilateral trade system."No remedy means no right".The implementation of law is an important way to achieve the legislative goal.The good compliance of WTO members with the dispute adjudication is the primary way and means to ensure the long-term operation of the WTO dispute settlement mechanism.Therefore,the WTO Dispute Adjudication compliance system is one of the core contents of the dispute settlement mechanism,and also an indispensable part of the WTO legal system.To ensure the effective compliance of WTO Dispute Adjudication among members is not only related to the stability and development of WTO multilateral trade system,but also related to the authority,recognition of WTO itself and its good development trend in the future.For our country,through a comprehensive study of the operation and legal practice of the WTO Dispute Adjudication compliance mechanism,the paper reveals the problems in the process of WTO Dispute Adjudication compliance,which is helpful for the relevant practical departments to understand and use the compliance mechanism,and to better protect the legitimate interests of our country in the specific trade dispute settlement process.First of all,from the legal point of view,the WTO dispute settlement system is applied in the field of international trade,with the rules of public international law nature.The decisions made by the WTO dispute settlement body are binding on WTO members,and it is the obligation that members must perform to abide by the decisions.The timely and effective compliance of the members with the WTO dispute adjudication is the premise of the good operation of the dispute settlement mechanism.The understanding on the rules and procedures of dispute settlement creates a relatively complete set of Dispute Adjudication compliance procedures,but in practice,the compliance of the members is still not perfect.Therefore,based on the relevant theories of international law compliance,this paper analyzes the reasons that affect the members' compliance with the ruling from the perspective of international law and international relations theory.Combined with the practical reasons such asthe overall decline of the development of trade globalization,and the suspension of the Appellate Body of WTO dispute settlement,it is concluded that only through effective reform can the normal operation and effectiveness of the dispute adjudication compliance mechanism be promoted.Secondly,based on the relevant decisions and statistical reports of WTO,USTR reports of the United States and relevant legal documents of the European Union,this paper combs the practices of the United States and the European Union in the WTO Dispute Adjudication from the time span of the case,the measures involved in the case and the compliance.Through combing and analyzing,it is found that,as the main users of the WTO Dispute Adjudication compliance mechanism,the United States and the European Union,in order to maintain their own interests,often adopt the strategy of "combining the virtual with the real" in practice,and use their strong comprehensive strength or the defects of the dispute adjudication mechanism to passively comply with the WTO dispute adjudication,which seriously affects the authority of the WTO dispute settlement mechanism.The paper points out that in order to reduce the negative impact of the suspension of the Appellate Body of WTO dispute settlement and the lack of post development force of global multilateral trade on the WTO dispute settlement mechanism,the WTO should further improve the compliance of its members with the dispute adjudication.On the one hand,it is necessary to reform the dispute adjudication compliance mechanism,such as refining and improving the provisions of reasonable time limit,review and supervision,compensation and retaliation.On the other hand,we should actively respond to the current situation of the suspension of the appellate body,and at the same time,we should design feasible temporary alternative procedures while seeking fundamental solutions.Finally,the paper is based on the issue of China's interest protection in the WTO,and puts forward corresponding countermeasures and suggestions for China's use of the WTO Dispute Adjudication compliance mechanism.Through combing the practice of China's compliance with the DSB ruling,and combining with the background of WTO reform,the paper holds that China should firmly and actively participate in the basic position of reform,adhere to the principle of reciprocity,provide compensation to the winning party in a timely manner under specific circumstances,and accept revenge as the respondent.In terms of specific countermeasures,China can actively fulfill the obligation of abiding by the disputeadjudication under the premise of safeguarding its own legitimate rights and interests,continue to improve the relevant domestic laws and regulations,and comprehensively improve the ability of China to use the WTO Dispute Adjudication compliance mechanism by establishing the WTO dispute settlement specialized agency and training professional talents.