Research On Conflicts Of Jurisdiction Between Dispute Settlement Mechanism Of WTO&Regional Trade Agreement

As the world's largest multilateral trade organization,the World Trade Organization(referred to as “WTO”)has made outstanding contributions to the development and prosperity of world trade since its establishment.However,the further development of the WTO has come to an impasse since the Doha Round fell into stagnation after more than ten years seesaws.Countries have always failed to reach a consensus on further promoting the development of international trade liberalization.But development of international trade is still booming,and the pace of progress has not stopped because of the deadlock in the negotiations of the WTO.The world economic development mode has begun to show a new trend——regional economic integration.Since 1990 s to the present,regional trade agreements have sprung up,and its rules and systems have continued to develop and improve,and inevitably having an impact and strike on the WTO system.With the establishment of the North American Free Trade Area as a signal,countries have joined regional trade agreements that are conducive to the development of their international trade,and major powers have also rushed to establish regional trade agreements led by themselves.At present,the number of global regional trade agreements has exceeded600.As of June 2016,marked by the signing of the Free Trade Agreement between Mongolia and Japan,all WTO members have joined the team building regional trade agreements,and the international trade field has developed into a dual-track trend of multilateral negotiations and regional negotiations.Disputes between countries due to international trade may therefore fall into the dispute jurisdiction of two mechanisms at the same time,the choice of the dispute settlement mechanism by the complainant increasing and conflicts in the jurisdiction of dispute settlement mechanisms thus getting prominent.In practice,it is not uncommon for the parties to the dispute to take parallel litigation and repeated litigation due to the choice of mechanisms.This has caused increased litigation costs and conflicts in judgment results,which have also caused a considerable impact on the coordination and unification of the international economic and trade order.Jurisdiction conflicts between the WTO and regional trade agreement dispute settlement mechanisms have thus entered the academic field of view.Based on this theme,this article intends to study the conflict of jurisdictions between two dispute settlement mechanisms of WTO and regional trade agreement,and analyze the causes,manifestations,solutions and other issues around this theme.First,this article will study the causes of dispute jurisdiction conflicts between WTO and regional trade agreements,combining with current background of international legal diversification,and study the causes from the perspectives of system and law,and explores the impact of members' overlapping,similar entity obligations,and procedural differences between two trading systems on jurisdictional conflicts.Then it intends to select typical cases of dispute jurisdiction conflict between WTO and regional trade agreements,and analyze the specific manifestations of the jurisdictional conflict as well as legal consequences and harms caused by the conflicts through case research.Furthermore,this article will study the legislative measures adopted by WTO and regional trade agreements to resolve this jurisdiction conflict.In particular,it will focus on the jurisdiction clauses in regional trade agreements,and explore the characteristics and advantages of different jurisdiction clauses,so as to analyze their feasibility and whether they can be used as reference for future regional tradeagreement construction.At the same time,this article also makes attempts from judicial perspective,exploring whether the jurisdictional conflict between two mechanisms can be solved by strengthening judicial tolerance,or by drawing on legal principles such as inconvenient courts and incident no longer.Finally,this article will return to China's practice,summarizing the rules of jurisdictional conflicts in the current regional trade agreements established by China,and trying to make suggestions on the establishment of jurisdictional conflicts rules in China's regional trade agreements by combining the research and analysis in previous chapters.