| The Dispute Settlement Mechanism (DSM) of WTO is regarded as the most special contribution of WTO. It is the cornerstone of the security and predictability of WTO--the tremendous and complicated multi-trade system and it's also a special new and complicated dispute settlement regulations. Within the scope of WTO system,a integrate dispute settlement procedure include the stages of consultation,panel procedure,appellate procedure,implementation procedures .The valid operation of the dispute settlement mechanism mainly depend on the execution of the final judge of the dispute,so the executive system can be regarded as the core of the dispute settlement mechanism. The most important approach to assure the execution of WTO is retaliation .It's the final forcible method to assure the execution of the judgement and it had been unprecedented improved to be perfected,so its validity and dependency had been greatly enhanced.Under the retaliation system,in order to assure the implementation of the recommendations or the rulings of the panel or the Appellate Body that the DSB had adopted,the winning party can ask the DSB to entitle it for the suspension of concessions or other obligations,that is Retaliation. Compared with GATT,WTO had greatly improved the dispute settlement mechanism. First,for the purpose of operation of DSM,it clearly declared the basic procedure of retaliation:1 .consultation procedure,when one party don't implement the recommendations or the rulings,the relative party can consult with it about the compensation;2.the winning party apply for retaliation;3.the losing party can object the application for retaliation;4.the arbitration procedure of the dispution;5.entitlement of retaliation;6.under the surveillance of DSB the winning party bring retaliation into effect;6.the end of the retaliation:Second,the regulations had been essentially adjusted:1 .with the use of negative consensus ,the entitlement of retaliation can be automatically adopted;2. the cross-retaliation is allowed to be used to enhance the effect of retaliation. Altogether,the DSU strengthened the retaliation system.Because of the improvement of rules and procedures ,the retaliation system of WTO have distinctive characters compared with other retaliation system of international laws. First,the multilateral character of the retaliation system of WTO,it requires the retaliation must be operated according to the regulations of DSU and DSU preclude the possibility of unilateral retaliation;Second ,there is a tendency of legalization in the retaliation system of WTO,because the DSB has forcible jurisdiction over the disputes and the procedure is operated in turns and there are strict time limits over it.The improvement of Retaliation regulation and procedure enhanced the role of it in the WTO legality and made it an important way to detain unilateral retaliation,and it provided an good method to deal with the economic hegemony for the developing countries because it amplified the effect ofretaliation and implementation of the judgement to force the losing party to implement the recommendations or rulings. The retaliation mechanism had become an important warrant for the multilateral trade system of WTO.However,there are some flaws in the retaliation system for improvement. There are mostly two aspects:l)how to make the retaliation more effective,that is ,to achieve the object of making the losing party implement the recommendations or rulings;2)how to assure the justice of the retaliation system,it mainly means how to change the disadvantageous situation of the what-is-called weak countries(developing countries) in the system. It would be better if the retaliation method and the compensation system are combined and the standards to make retaliation valid are adjusted and the procedures are improved.As a member of WTO,we should fully make use of our own advantages(for example,the special situation in the international economy) and the retaliation system for the interest and right we deserved. At the same time,we should a...
|
PDF Full Text Request