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Study On The DSM Of Rtas Relating China

Posted on:2021-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330626959843Subject:Law
Abstract/Summary:PDF Full Text Request
This paper discusses the measures to use the dispute settlement mechanism(DSM)of RTAs relating China when the WTO is in deadlock and the appellate body is closed.Firstly,this paper analyzes the dilemma of the application of the RTAs DSM.Most of the RTAs have very low utilization rate,many of which have never been used.The litigation activities of the South-North and North-North RTAs are more active,but these member countries prefer the DSM of WTO;while the South-South RTAs are more active because the signing of the agreement is deeply influenced by the political purpose,the disputes of member states are basically settled through consultation.In addition,this paper analyzes the RTA DSM relating China.This paper holds that,although the utilization rate of the RTA DSM is lower than that of WTO,the RTA DSM is one of the options to resolve disputes when the current negotiation and operation of the Appellate Body of WTO are in deadlock.Based on the experience of the USMCA,the CPTPP and the CETA,this paper finds out the development trend of China's large regionalism and discusses the measures to strengthen the RTA DSM.In the RTAs signed with developing countries,reference to these latest systems and experiences will add clearer dispute settlement procedures to their DSMs,and provide forward-looking system rules for the future dispute settlement with Member States.At the same time,for the RTAs signed with developing countries,due to the "rule-based" trend of global dispute settlement and the enthusiasm of developing countries for mediation procedures in the past,we can deal with the application dilemma of this kind of regional RTA DSM from the perspective of the regularization of mediation procedures.
Keywords/Search Tags:RTA, Dispute settlement mechanism, Mega-regionalism
PDF Full Text Request
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