On The Legal System Of The Trade Dispute Settlement Of SADC

Given the current trend of economic globalization intensified, and the increasing marginalization of the situation in Africa, African countries have reached a consensus that Seeking development through regional integration. Among regional organizations in Africa, the Southern African Development Community (SADC) undoubtedly is potential and dynamic. The same economic structure of member states of SADC led to similar products with intense competition, as well as other regional organizations in Africa with overlapping membership of SADC make the role of trade dispute settlement mechanism more prominent. The legal ground of the trade dispute settlement mechanism of SADC is"Protocol on Trade"and Annex 6"Concerning Dispute Settlement","Protocol on Tribunal and Rules of Procedure Thereof".Trade dispute settlement mechanism of SADC includes jurisdiction, institution, consultation procedures, mediation, conciliation and mediation procedures, the panel procedures and enforcement procedure. Comparing the terms of Annex 6 and the"Rules and procedures on dispute settlement understanding"(DSU), we can find that provisions of Annex 6 and the DSU are similar, but there are still a little subtle differences. Specifically speaking, In the SADC mechanism, parties to the dispute when select members of the panel have greater autonomy; dispute parties of SADC bear panel costs on average or in proportion, don't like WTO that pay from the budget; the time period of dispute settlement procedures of SADC is shorter than WTO; the lack of protection for the least developed countries; solve "sequencing problem" of WTO enforcement procedure.Annex 6 of SADC is specialized legal documents to provide trade dispute settlement mechanism which there are many flaws of the provision and application. Specifically as follows: Firstly, the problem of overlapping jurisdiction exist between the dispute settlement bodies of SADC and external dispute settlement body, easily lead to"parallel litigation". Secondly, member states of SADC prefer to resolve disputes by political means, not conducive to achieve a higher level of regional integration for SADC. Thirdly, SADC adopt a"negative consensus"principle, but the lack of the Appellate Body to review panel report, which undoubtedly increases the risk of error reporting through. Fourthly, SADC set up panel for each dispute, The 'ad hoc nature' of Dispute Resolution under Annex 6 affect the quality of panel reports and work efficiency.After all, two-track trade dispute settlement mechanism of SADC is the essential reason to these defects. To establish a unified dispute settlement mechanism, firstly, SADC must be clear the scope of jurisdiction of dispute settlement bodies of SADC , add up the alternative jurisdiction regulation to resolve problems of jurisdiction overlap; Secondly, determine the functions of appeal of SADC Tribunal , parties to the dispute appeal to SADC Tribunal when dissatisfied panel report; Thirdly ,establish permanent group of experts to improve the quality of expert reports and work efficiency.