Studies On The Implementation System Of DSB Recommendations Or Rulings

As the implementation of DSB recommendations or rulings is designed as the last procedure in WTO dispute settlement mechanism (DSM), the rules and procedures governing the implementation of DSB recommendations or rulings (hereinafter "the implementation system") are of great importance to the smooth operation of DSM and the effective maintenance of the WTO multilateral trading system. Having been in operation for more than eight years, the implementation system, however, exposes many problems and deficiencies, some of which can even cause the breakdown of the multilateral trading system. This has prompted many member governments and professionals to put forward their proposals for clarifications and improvements to the implementation system. But China, with its entry into WTO just less than two years ago, lacks both in the practice of implementing DSB recommendations or rulings and in the systematical study on the implementation system. This situation is no benefit to China. Hence, the author carries out a systematical study on the implementation system by employing some historical, comparative and practical writing methods.This paper consists of five parts. Part I demonstrates the historical evolution of the implementation system. It first reviews the rules and procedures governing the implementation of GATT recommendations or rulings, and then analyzes the corresponding DSU rules and procedures and their improvements over those in GATT.Part II generalizes some basic principles that are applied in the implementation procedure of DSB commendations or rulings. It further notes that those principles should always be observed in the DSU clarifying and improving process.Part III shows some problems and deficiencies, both currently existing and potential, that the implementation system has in its textual provisions, institutional mechanism and functions.Part IV makes an objective and thorough analysis of those proposals that have been raised by member governments and professionals to deal with the currently existing and potential deficiencies of theimplementation system.Part V presents China's rational response to the implementation system. The author, taking China's conditions into consideration, analyzes the strategy that China should maintain in the clarifying and improving process of the implementation system, and puts forward some concrete proposals to better the system. Besides, some meaningful measures are proposed to meet the challenge that comes with the implementation system.