Research On The Effectiveness Of Cross-retaliation Across The TRIPs Agreement Under WTO

With DSB(dispute settlement mechanism)playing an increasingly important role in WTO dispute settlement,in order to improve the effective implementation of its final decision or recommendation,the WTO specifically stipulated that "retaliation" can be used as a last line of defense to urge the losing party to implement."Retaliation" means "suspension of concessions or other obligations" in article 22 of the DSU(memorandum on dispute settlement rules and procedures).According to the development in recent years,of all the ways of retaliation,the cross-agreement retaliation,especially the cross-trips agreement,has the best effect.It can not only bring great pressure to the losing party,but also force the losing party to make a positive response when the member states suffer little damage,so as to protect the legitimate rights and interests of the member states,especially the developing countries with relatively weak economic strength.But at the same time,we must realize clearly that we should not overestimate the significance of cross-retaliation across TRIPs agreement for developing countries.So far,there are only three cases in the WTO authorizing cross retaliation against TRIPs agreement: the EC-Banana case,the us gambling case and the us highland cotton case.We through comparison and analysis of three typical cases,it is not hard to you can see its still exist "imperfect stipulation" "review standards no unity" and "implement degree is difficult to control,makes the prompt and thereafter the implementation ofDSB recommendations and rulings this dispute solution to the realization of the goal still has certain difficulty.Therefore,effective solutions to such problems can not only improve the effectiveness of cross-retaliation in the TRIPs agreement,but also better safeguard the legitimate rights and interests of developing countries with weak economic strength,balance the balance of international trade power,and better maintain the sustained,stable and healthy development of international economic trade.The purpose of improving the effectiveness of the cross-retaliation system in the TRIPs agreement is not to encourage member states to use the means of retaliation,but to restrict the abuse of retaliation and put it into the cage of law,so as to become a powerful tool to maintain the international economic order.Therefore,it can be improved and improved from the aspects of establishing a clear identification standard,strengthening the judgment principle with evidence as the core,strengthening the execution consciousness of the prosecutor,and entrusting the developing countries with moderate freedom of choice,so as to better safeguard the rights and interests of the majority of developing countries.As the largest developing country,the number of cases and disputes involving China in WTO has been accelerating in recent years with the improvement of China’s comprehensive national strength and economic strength.With the increase of trade between China and developed and developing countries,international conflicts and disputes are inevitable.As a developing country,we should not only start from the perspective of applying for compound application,but also realize that China is likely to be included in the list of compound application by other developing countries in the future.Therefore,we should start from the overall situation of the two solutions to the strategy.At the same time,we should actively draw on useful experience from developed countries and developing countries similar to China’s national conditions,make good use of the deterrent force of retaliation,and enable China to occupy a favorable position in dispute settlement.Therefore,China should pay great attention to the research of cross-retaliation across TRIPs agreement which is in the development stage.In this way,China canbetter deal with international trade disputes in the international market and provide effective support and reference for similar problems in the future.