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Study On The Arbitration On Reasonable Period Of Time For Dispute Settlement Mechanism Within WTO

Posted on:2018-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:F F ZhangFull Text:PDF
GTID:2416330536975477Subject:Law
Abstract/Summary:PDF Full Text Request
Understanding on Rules and Procedures Governing the Settlement of Disputes on Article 21 Established a supervisory mechanism for the implementation of the World Trade Organization Dispute Settlement Body(DSB)recommendations and enforcement,which including the principle of the speedy implementation of article 21,paragraph 1;article 21,paragraph 3,provides that the implementing party shall have a reasonable period of enforcement when the implementation is not feasible expeditiously.This paper will take the "reasonable period" arbitration issue as the research object,the comprehensive use of normative analysis and empirical analysis of WTO dispute settlement mechanism "reasonable period" arbitration to conduct a comprehensive analysis and research,in the arbitration period for the arbitration procedure theory and On the basis of the dual value of the reality of the "reasonable period" arbitration case for the specific circumstances of the criteria for in-depth study,so as to deal with China’s next "reasonable period" arbitration case to provide relevant comments and suggestions,thus laying a foundation for better participation in the current international economic competition.This paper is made up of the introduction,the body and the conclusion.The first chapter introduces the basic situation of arbitration procedure in WTO dispute settlement mechanism,including the historical evolution of arbitration system and the normative interpretation of general matters arbitration,execution stage arbitration and special matters arbitration under WTO framework.The second chapter discusses the factors involved in the "reasonable period" of the arbitration system in the WTO dispute settlement mechanism,including the procedural factors,the entity factors and the unrelated analysis.The third chapter will use the method of empirical analysis to explore the analysis,including the June 2000 European Community v.Canada drug protection patent case、December 2002 Chile v.Argentina agricultural product price limit system and safeguard measures、March 2005 the United States v.Argentina Oil products,anti-dumping measures to implement the case、in June 2005 the United States v.Antigua and Barbuda impact of cross-border provision of gambling and gaming services、February 2013 US v.China-from the United States on the orientation of electrical products Counter-measures and other cases for the "reasonable time" arbitration criteria for the identification and establishment of China’s response to the next WTO dispute arbitration case to provide a realistic direction.The fourth chapter makes a realistic evaluation of the arbitration procedure in the WTO dispute settlement mechanism through the above analysis and research.At the same time,it will make better suggestions for China to actively promote the implementation of the arbitration system,enhance the awareness of its own rules of evidence and improve the domestic legal system.The use of WTO dispute settlement mechanism in the "reasonable period" arbitration rules to safeguard China ’s legitimate economic interests.
Keywords/Search Tags:Dispute Settlement, Arbitration, Reasonable Period of Time
PDF Full Text Request
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