Research On The Legal Application Of Non-Violation Complaint Of WTO

As a special procedural rule of the GATT/WTO system,Non-Violation Complaint is not the original creation of GATT/WTO rules,but its existence was deeply related with the history and the status when the former GATT was formed.Under Articleâ…©â…©â…¢1(b) of GATT,a member state can raise claims against measures implemented by another member state,even if the measures do not conflict with the GATT,if these measures nullify or impair any benefit of the prosecuting member state under the Agreement.With the establishment of WTO,Non-Violation Complaint finally has the chance to extend its application scope over the areas not only trade of goods and but also trade of service and intellectual property rights by virtue of the dispute settlement mechanism of WTO applied in the whole system.Moreover,it seems that the tendency for this rule to be applied in a more extensive way is unavoidable,which will lead to WTO dispute settlement system and China in a dilemma.As a new and inexperienced member in WTO,an exact and flexible exertion of Non-Violation Complaint as a result of comprehensive understanding of its legal nature will be more practical and valuable.This thesis focuses on the analysis of the three elements and the application of the Non-Violation Complaint cases by means of theoretical analysis and practical analysis to give the suggestion about the application of the Non-Violation Complaint on the stand of China. Through the research on the Non-Violation Complaint cases,this thesis is aimed at reducing the possibility of application to China and assuring our country to maximize the benefits of international trade.The first part overview the few Non-Violation Complaint cases to analyze its three elements:(1) The measure by member does not violate GATT/WTO agreement measures(2) application of a measure by member:and(3) impairment of the benefit because of the application of the measure,to grasp the Non-Violation Complaint from the whole.The second and third parts analyze the specific application of Non-Violation Complaint in the major agreements of GATT/WTO,including GATT,GATS and TRIPS based on some real cases analysis,especially the disputes arise from its application in TRIPS agreement.The forth part analyze the application of Non-Violation Complaint in the Competition relations,Grey area measures and Environment trade.The last part of the essay analyze the more extensive applied tendency of Non-Violation Complaint.According to the extended application tendency by west country,the author give the suggestion about the application of the Non-Violation Complaint on the stand of China.