| With the globalization of economy and the promotion and development of trade globalization,international trade disputes are also in a growing trend.Nowadays,under the turmoil of this trade globalization,the first problem that countries face to solve is how to solve international trade disputes more effectively and quickly,so that their foreign trade interests can be affected to a lesser extent.Since China’s accession to the WTO,China’s foreign trade industry has developed rapidly,and exchanges with other countries have become more frequent.However,with the increasingly fierce development of foreign trade,China has inevitably entered a peak period of trade disputes.According to official data from the Ministry of Commerce,from January2015 to January 2019,China had a total of 406 cases of trade investigations,of which124 were the largest in 2016 and 106 in 2018.In these cases,there were both complaints from developed countries and complaints from developing countries.Take the United States as an example.Since the establishment of the WTO in 1995,there have been 298 cases of initial trade remedies initiated against China,including 26 cases in 2018,a year-on-year growth rate of 18.18%.In addition,trade disputes not only with developed countries are increasing,but also with developing countries.According to official data from the Ministry of Commerce,there were 24 trade investigations in China in 2018 from developing countries such as Mexico,South Africa and India.Although the base is not very large,it still has a relatively large impact on us.In the current situation of increasing trade disputes,the key to China’s foreign trade is to make the WTO dispute settlement mechanism resolve disputes quickly and effectively,and make fair and reasonable decisions.This is a big problem we need to face in the process of external dispute resolution.For DSU’s special regulations and differential treatment for developing countries,China,as the largest developing country member,the first step is to conduct comprehensive and rational study and analysis of these differential treatment provisions.Only by fully understanding the contents of these articles and finding a match between these terms and safeguarding China’s foreign trade interests can we establish a foothold in international trade and economics and escort China’s foreign trade development.Specifically,what are the shortcomings of the WTO dispute settlementmechanism,what obstacles China has encountered in participating in the WTO dispute settlement process,and what kind of measures China should take in the face of these obstacles are urgently needed in our participation process.problem.Therefore,this paper uses case analysis method,literature review method and comparative analysis method to discuss these issues from four aspects.The first part is the difference and special treatment of the WTO dispute settlement mechanism for developing countries and its evaluation.It is mainly to give a brief introduction to the differences and special treatments of developing countries in the DSU,and to make an evaluation of these provisions,so as to analyze the irrationality of these provisions.The second part is the practice and evaluation of China’s participation in the WTO dispute settlement mechanism.This part is mainly about some forms and cases.The case selected the China-US electronic payment service case,the US countervailing measures against some Chinese products,and the US v.China export restrictions on rare earths,tungsten and molybdenum.Through these tabular data and cases,the author analyzes that China’s participation in the WTO dispute settlement mechanism has the following characteristics: the number of litigation cases is increasing,and the corresponding political interests are also increasing;the situation of passive prosecution remains unchanged.The third part is the problem of China’s participation in the WTO dispute settlement mechanism.In this part,the author analyzes the existing problems from two aspects: the problems existing in the WTO dispute settlement mechanism;the shortcomings of China’s own existence.With regard to the problems existing in the WTO dispute settlement mechanism,the author mainly analyzes three aspects,namely,high pre-litigation costs,limited compensation,and difficulty in retaliation;for China’s own shortcomings,there are mainly dual constraints of human and material resources and traditional ideas.The impact is serious,and the WTO dispute settlement mechanism has not been actively used and the relevant domestic mechanisms are not perfect.The fourth part is the countermeasures and suggestions for improving China’s participation in the WTO dispute settlement mechanism.This part is mainly based onChina’s own analysis to propose countermeasures,that is,to promote WTO reform with the guidance of China-EU cooperation,transform traditional concepts,flexibly use multiple dispute resolution methods,improve and improve the "four-body linkage" mechanism to deal with disputes and focus on Universities start to train innovative talents.Finally,at the end of the article,we conclude that for the WTO dispute settlement mechanism,we cannot ignore the help it can provide us,but at the same time we must face its shortcomings.In order to better protect China’s foreign economic interests,it is indispensable to make rational use of the WTO dispute settlement mechanism.Therefore,we need to take corresponding measures from both inside and outside,to improve the speed of economic development,improve China’s export trade,and improve the training methods for talents.We should establish a team of professionals as far as possible in China.Solve the shortcomings of China and narrow the gap with the Western countries due to the acquired reasons;externally need to strengthen contact and communication with WTO members,improve their participation and activity in the WTO,and actively participate in WTO reform,thus Promote the WTO dispute settlement mechanism to truly become the protector and defender of international trade fairness. |
