On The Implementation System Of DSB Recommendations Rulings

The implementation of DSB recommendations or rulings plays a vital role on maintaining good functioning of both the multilateral trading system and the WTO dispute settlement mechanism. WTO dispute settlement mechanism is the most successful example among worldwide International Organization dispute settlement mechanisms. After 11 years of WTO dispute settlement practice the WTO dispute settlement mechanism has been proved a great success. And this was due in large part to its more advanced implementation mechanism. However, in 11 years of dispute settlement practice, implementation mechanism DSB rulings also revealed some shortcomings. At present, how to amend DSU to improve the implementation mechanism of DSB rulings has become a hot research area and one of the topics of WTO negotiations.The author carries out a systematical study on the implementation system by employing some historical- comparative and practical writing methods.In Part I, the author reviews the dispute settlement mechanism and its implementation system under GATT and points out their disadvantages.In part II, the author does a research on the WTO dispute settlement mechanism and its implementation system. A detailed analysis of related DSU articles has been given by the author.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.In Part IV, the author first gives a brief introduction of the background and progress of the negotiation of the improvement and clarification DSU. According to the shortcomings mentioned in Part III, the author talked about the negotiations on different issues respectively and expresses his own views.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.