Study On Retaliation System In WTO Dispute Settlement System

With the"jewel in the WTO crown"to name the WTO dispute settlement mechanism is completely just as the atmosphere, because this is a very prominent mandatory system of justice, which has a strong judicial is the key means through the use of legal decision making Or the implementation of the recommendations be guaranteed. But with nearly a decade of practice, yet the mechanism of retaliation rules show some defects, it is necessary to improve its. Purpose of this paper is to detail retaliation system in the procedures and entities on some of the problems and deficiencies, contact WTO retaliation system impact on China so that we can have a clear understanding, in order for our legislative and practical help.According to the Uruguay round of negotiations concerning the dispute settlement reached the understanding of the rules and procedures (hereinafter referred DSU) regulation, a complete dispute settlement procedures including consultation program, expert group procedures, appeals review procedures and implementation procedure of several stages. Because the law review the effectiveness of the executions carried out have is the most important legal criterion, therefore executing mechanism can say is the core content in the dispute settlement mechanism. In order to ensure that the dispute resolution institution (DSB) advice and ruling carried out, DSU stipulates three executive means: not in conformity with the withdrawal of the WTO agreement, the compensation and measures of retaliation. Revenge as executive means the final and most powerful compulsory measures in the dispute settlement mechanism, occupies a very important position, it strengthened the WTO executing mechanism, can greatly increase the execution mechanism, the validity and reliability in a timely and relevant member to the ruling to perform comprehensive plays a significant role. But retaliation from its birth date caused widespread controversy, scholars with their fair, reasonable and effective mixed. As the special status of retaliatory measures, the importance of the role of the diversity of it's evaluation, it's important to study them specifically.This article mainly divided into five parts:The first part introduces the WTO dispute settlement system in retaliation. First, from the WTO dispute settlement system in the history of the evolution of retaliation st art, respectively, from the traditional system of retaliation, GATT1947 retaliation under the WTO system and retaliation under the three aspects of the system to elaborate.Secondly, the introduction of the WTO dispute settlement system in the purpose and function of retaliation, and the dual character of its center of gravity changes. Then introduced the WTO dispute settlement system in the scope of retaliation. Finally, the WTO dispute settlement system of the application in terms of retaliation, including prerequisites and real conditions.The second part is the WTO dispute settlement system in the positive evaluation of retaliation by the efficiency and enforcement from two aspects, a detailed evaluation of the current system, the advantages and strengths.The third part point out that although the WTO of retaliatory measuresdeterrent promote adherence to and implementation of the WTO agreement, to safeguard the important guarantee of the WTO multilateraltrading system, but it's flaws still exist.This section is a detailed analysis of the WTO dispute settlement systemof retaliation in impartiality, rationality and effectiveness of three defect.The fourth part against the defects of written that retaliatory measures, each made a perfect suggestion.The fifth section analyzes the WTO retaliatory measures to our advantages and disadvantages, and put forward some countermeasures hope I can help to china as soon as possible to play its own advantages, the use of the DSU to retaliatory measures relevant provisions to safeguard our rights and interests of the WTO, china's foreign trade and promote vigorously.