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Some Legal Issues On Executing WTO DSB's Rulings

Posted on:2005-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2156360122485262Subject:Law
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It was the great achievement for the Uruguay Round that WTO, the World Trade Organization was born in 1995. WTO, which is called "Economy United Nation", is the international trade organization based on the General Agreement on Tariff and Trade (short for GATT), and it also has the most powerful influence on dealing with the trading rules among nations and separate customs territory. Within the WTO Systems, the dispute settlement body plays an important role in keeping the stable running of WTO, promoting the sound development of international trading, establishing a proper multinational dispute resolution system, providing safeguard and information source for the further improvement of multinational trading system. The 21st and 22nd clause of DSU is made for the execution of DSB's ruling. Out of question, supervising the execution is as important as making rulings. Without execution, any ruling will be infeasible. For this reason, the author will start discoursing on the executing clauses of the DSU from the formation of DSU through legal and historical analysis by comparison and case demonstration.This dissertation consists of preface, conclusion and four chapters. The preface mainly discusses the situation and function of DSB in WTO, and expatiate its meaning of executing in time. The author argues the necessity and practical significance of such research regarding the background of China's entering into WTO.First chapter reviews the clauses about solving the dispute in GATT, analyses the historic meaning and the present problems on solving the dispute in GATT in a historical perspective. The dispute resolution method, at the early stage of GATT, has some advancing edge; however, it has many deficiencies such as the low-effect of solving dispute, long term of procedure, juries diction, and bad-result of implementation due to the poor executing procedures. Whereas, the new DSU go to amend and have better improvement on the setting of institute ,procedure , juries diction,measures of retaliating . It is so-called the big progress after establishing of WTO. However, International organization is the outcome by compromised of its members' benefit, and thus problems inevitably exists, even the DSU is amended on the base of GATT1947.It also have the historic limitation, especially in the procedure of executing the ruling.Second chapter mainly discusses the problems discovered in practice about the executing rules. As an international organization, a ruling making will lead to the conflicting between member's laws and execution. Some nations feel their sovereignty infringed because of the universality of WTO, so they are inactive to execute. However, the 21st and 22nd was formed based on the 22nd and 23rd in GATT1947 which lead to deficiency of themselves. In this part, the author takes some typical cases for examples to analyze the questions in practice. Third chapter mainly discusses the problems between ruling of DSB and sovereignty, and it has been stated through many of theory analyzing and facts that implementing the DSB's ruling can not damage sovereignty .It is the very demonstration of sovereignty to carry out the obligation in WTO and implement ruling of DSB. The author gives the suggestions on the problem of difficult implementation due to the situation that EU is in WTO. The author mainly analyzes China's practice in complying with the Wto's agreements and executing the Dsb's ruling after entering WTO, and then proposes some idea for improvement.The fourth chapter shows the author's suggestions on implementing DSU clauses mentioned in Second chapter. Some of these suggestions is based on the other concerning subjects, for example , the forming of the encouraging system;some reference of the experience of other organization, for example ,the compensation for damages ;some are summarized by the author through the procedure of theory analyzing and case comparing , for example , on the issue of collectivity –retaliation.In the conclusion, the author summarizes the disse...
Keywords/Search Tags:Dispute Settlement Body, Reasonable term Ruling, Sovereignty, Retaliation
PDF Full Text Request
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