Study On The Problems And Countermeasures Of China's Participation In WTO Dispute Settlement Mechanism

The WTO Dispute Settlement Mechanism is the most unique hardcore of WTO system,which provides the legal and institutional framework for its members to protect their international trade interests.The mechanism is helpful for resolving trade disputes and promoting the development of international trade.Fifteen years have already passed since China became one of the members of the WTO.But most members joined this organization six years earlier than China.It causes two consequences:first,China had no chance to participate in the instituting of the WTO rules,and China had to be in the state of passive adaptation for a long time after China's accession to the WTO.The second,the time is relatively shorter than other members for China taking part into the WTO Dispute Settlement Mechanism.There are many problems in the process of China's participating in it.However,in circumstances of international economy generally downturn,China,as a trading power,has already become one of targets of trading protectionism in developed countries.Therefore,depth study and participating positively in the WTO Dispute Settlement Mechanism makes great significance for endeavoring to better results and safeguarding interests of China.The paper is based on this purpose and is divided into the following four parts.The first part of this paper makes an overview of the WTO Dispute Settlement Mechanism.At the beginning,the article states the content of the Dispute Settlement Mechanism according to the historical evolution from Havana Charter draft,GATT to WTO agreement.Then,the article analyzes the formation of the WTO Dispute Settlement Procedure and summarizes the innovation and defects of the mechanism.Next,the article makes a concise introduction to the facilities and general procedure of the WTO Dispute Settlement Mechanism,and explains the practice and operation characteristics of the multilateral dispute settlement mechanism.At the end of this part,it makes an analysis of the Mechanism's function,which shows the promotion to trade cooperation in members and resolving the disputes in WTO.The second part of the paper focuses on the practice and features of WTO Dispute Settlement Mechanism involving China.This part elects and makes a detail exposition of two classical cases when China was at the complaining party and the defense.Next,this article sums up and analyses the features of China's participation in the WTO Dispute Settlement Mechanism by combining the above with China's recently practice,which provides a basis for the fourth part.The third part analyses the successful experiences of three major WTO members in dealing with trade friction and disputes,which will implicate China's participate in the mechanism.This article selects two developed members:the most frequent user of the mechanism in all members,the US,and Japan,which is geographical and cultural similar to China.And it also chooses a developing member Brazil,which is the most frequent user of developing members.Through elaborating the above members'experiences of involving in WTO Dispute Settlement Mechanism,this part comes to an end by summing up with measures that conforms with China' practice.The last part is the hardcore of the paper.This part elaborates the problems and countermeasures of China's participation in the WTO Dispute Settlement Mechanism.First,combining with Part ?,it reveals the problems in the process of China's practice in the mechanism.In view of the problems listed above and Part ?,this part provides the countermeasures to China's participation in the WTO Dispute Settlement Mechanism.