An Analysis Of The Factors Affecting The Appeal And Winning Of Investigated Countries In The WTO Anti-dumping Or Anti-subsidy Litigation Cases

With the continuous development of global economic integration,the economic and trade ties between various countries in the world are getting closer and closer.As a big trading nation,China's foreign trade has developed rapidly.However,with the expansion of the scale of trade,the trade frictions and disputes confronting China are increasing day by day.Data shows that from 2006 to 2015,China has become the world's largest country subjected to anti-dumping and anti-subsidy investigations for the tenth consecutive year.The anti-dumping and the anti-subsidy investigation frequently initiated by foreign countries on our country have led to the economic interests of our enterprises being damaged and not conducive to the competition of Chinese enterprises in the international market.As a mechanism of dealing with trade friction between WTO members,WTO dispute settlement mechanism provides a platform for the WTO members to voice and strive to safeguard the legitimate rights and interests of them.Today,we should give a high priority to understand the WTO dispute settlement mechanism and earnestly study how to effectively use the WTO dispute settlement mechanism so that we can safeguard China's legitimate rights and interests through the WTO dispute settlement mechanism in an effective way.This article will take the data of the global anti-dumping and anti-subsidy data from 1980 to 2015 and the global anti-dumping and anti-subsidy dispute cases from 1995 to 2015.Based on Heckman's two-step method,we will build a two-stage model to explore the factors of anti-dumping and anti-subsidy cases appealed to WTO,as well as the winning factors of WTO dispute settlement cases,data statistics and empirical studies show that:(1)The affected trade volume of the surveyed countries,the ability of the investigated countries to "retaliate" by initiating the anti-dumping or anti-subsidy investigations to the initiating country,the ability of the investigated country to bear the costs of litigation,and the experience of the investigated countries will have an impact on the decision of whether the investigated countries appeal.(2)As the investigated countries(potential appellant of dispute),developed countries and developing countries have different emphases on the factors that determine whether to initiate appeals.Developed countries mainly consider their ability to "retaliate" and litigation experience.Developing countries mainly consider the affected trade volume and the ability to bear the costs of litigation;The developed countries pay more attention to the long-term interests than the developing countries.(3)The cumulative numbers of third-party participation in anti-dumping or anti-subsidy litigation cases will have a positive impact on the outcome of litigation cases.