Wto Dispute Settlement Mechanism Of The Legal Basis And Operation Practice

The point of WTO, the Settlement of the Dispute Mechanism, which develops from the GATT and its initial target is to ensure the each agreement of WTO being made into practice, so it can provide the safety for multilateral trade system which is also give the important prediction to the trade link. The Settlement of the Dispute Mechanism relates to the existence or death of WTO system, therefore it plays very and important position in WTO.On the research of the trend of DSM, judicialization, from power-oriented diplomatic to rule-oriented legal methods, the process of appeal examination and the promissory time table ensure the function of the mechanism. The legal basis of DSM is related to a series of rules based on GATT and WTO, but the most important connection is Art.23 of GATT. According to it, the passage divides the cases into three types: violation complains, non-violation complains and situation complains.The legal presumption of benefits nullification or impairment is the key concept in the violation cases. If the reporting party think that its benefits under the agreement is suffering from a loss, that is because the concerning party put some direct or indirect measures, against the agreement, into practice. But the point of the non-violation cases lies on the loss of the reasonable expectations and upsetting the competitive relationship with the practice of certain measures. Because the complexity of its establishment and lack of the legal presumption about nullification or impairment, non-violation cases put the duty of giving proofs on the side of reporting party. To the presupposed situation complains, the provision of DSU is generalized.Through the steel measure of the United States guarantees case, together with China in joining the WTO empress at trading the point of dispute solution of the first case participates and the circumstance, analyzing the enlighten to China.