Wto Dispute Settlement Mechanism

Based on main WTO laws, in which WTO settles trading disputes, and practice on settling trade disputes under the WTO dispute settlement mechanism, based on theories and experience, through comparative and analytical approach, this article introduced the origin, content, procedure and other issues of the dispute settlement mechanism. On this basis, this article studied the issues that need to be improved, commented the WTO dispute settlement mechanism, emphasized how to improve the mechanism, and brought forward the countermeasures and advises how to make use of the mechanism in China.This article consists of three chapters and seven sections.Chapter Ⅰ mainly introduced general features of WTO dispute settlement mechanism. It includes three sections.Section Ⅰ introduced the origin of the dispute settlement mechanism. The WTO dispute settlement mechanism came from GATT dispute settlement system. As an important part of GATT, having been revised several times, the system has great effect on settling disputes among the WTO parties and maintaining the regular international trading order. Uruguay-Round meeting decided to build WTO to replace GATT, so GATT disputes settlement system turned into WTO disputes settlement mechanism. Understanding on Rules and Procedure Governing the Settlement of Disputes (USD) is a main legal form of the mechanism, which began to work from Jan.1, 1995.In order to harmonize all kinds of contradiction; uniform rules must be made. In order to settle various trading disputes, dispute settlement mechanism must be unified in international business.Section Ⅱintroduced the main content of WTO dispute settlement mechanism.1,Basic Principles.1) Multilateral Principle.2) Unified Procedure Principle.3) Consultation Principle.4) Freewill Conciliation and Arbitration Principle.5) Authorized Remedy Principle.6) Legal Time Limit Principle.7) Special Procedure to Developing Countries Principle.2, WTO Dispute Settlement Body, DSB. It is in charge of rules and procedure of settling disputes.3, Compulsory Jurisdiction. According to USD, unless all parts decide not to set up a panel, DSB should set up the panel as long as one asks for.4, Compensation and Retaliation. All parts should carry out the arbitrament and proposal what DSB decided. If one doesn't carry out the arbitrament or proposal, the others can ask for consultation in reasonable time to achieve an acceptable compensation. If not, complainants will ask DSB for authority to retaliate the defendant.5, Non-violation Complaints.6, and Special Arrangement in some WTO Agreements.7, Developing Countries. USD stated that developing countries should use special procedure and time limit.8, Review of Dispute Settlement Procedure. 　　Section Ⅲ introduced WTO dispute settlement procedure. This procedure embodies the connotation of the mechanism excellently. 1) Consultation, 2) Mediation, Conciliation, Reconciliation, 3) Arbitration, 4) the Penal, 5) Appeal, 6) Supervision on Perform of the Arbitrament and Proposal what DSB decided.7) Punishment (Compensation and Retaliation)Chapter Ⅱ introduced the international practice of the dispute settlement mechanism. It included two sections.Section Ⅰintroduced the function of the dispute settlement mechanism. According to the first article of the first item in USD, WTO dispute settlement mechanism applies to settle the dispute under the following agreements, 1) Agreement on Establishing the World Trade Organization. 2) Multilateral Trade Agreements.3) Plurilateral Trade Agreements. Some specific agreements need to apply special or additional rules and procedure besides these general rules and procedure. And then, the article introduced how the DSB resolves the disputes of GATT1994, TRIPS and GATS after the operation of WTO. And the article took some typical cases for examples to analyze how special rules and disputes settlement methods of the WTO dispute settlement mechanism work, how the special texts of the covered agreements are interpreted, and what is the DSB's attitude.　　Section...