The Study On Retaliatory Measures Under The WTO Dispute Settlement Mechanism

After the famous Uruguay round,people are cherishing the higher expectations for the World Trade Organization(the World Trade Organization,hereinafter referred to as the WTO).it is successfully established that is the key to the Uruguay round results,and it improves the system of international economic and Trade,one of the key is "the WTO dispute settlement mechanism.It is effective to solve the economic and trade disputes between countries,and with the further development of economic globalization,trade between countries economy further deepened,which is not only associated with economic development,at the same time,the economic trade friction is also more and more,resort to WTO dispute settlement mechanism of the case is also more and more,so the WTO dispute settlement mechanism is also more and more get the attention of the world.But in the face of increasingly complex dispute cases,it is only the case for more rapid fair ruling in the next on the question of how to perform.it did not only play its proper role,but also the implementation of difficult issues in the WTO dispute settlement mechanism and the WTO member countries.Therefore,WTO in the prevailing circumstances in order to be able to maintain their own rights and interests of the member states to adopt a conflict with economic rationality and WTO aim but is likely to maintain their own rights and interests,this is the so-called "on dispute Settlement Rules and Procedures of Understanding"(Understanding on Rules and Procedures Governing the Settlement of Disputes,hereinafter referred to as "DSU")described in article 22 of the suspension of concessions or other obligations.The so-called retaliatory measures.Retaliation is used to promote the implementation of the party to perform the WTO ruling last remedy also arouse people's attention more and more.Making retaliatory measures basic reason lies in the influence of the last century and causes huge economic crisis that is not resolved effectively create the painful lessons of world war ii.Although the GATT(General Agreement on Tariffs and Trade,hereinafter referred to as the GATT)contains legal provisions on the retaliatory measures in 1947,but at this stage,without authorization in violation of relevant regulations and threatened repeatedly to the circumstance of retaliation have happened frequently.In order to solve this problem,the nextset up economic and trade of the WTO system is more successful "taming" of a revenge,and put it under multilateral control,during this period,thanks to the multilateral Dispute Settlement mechanism(the Dispute Settlement Body,hereinafter referred to as DSB)successfully established,retaliatory measures are effective management and implementation,and in the case of unilateral fell sharply,compared with the previous stage,retaliatory measures also has more advantages and progress.But as the "gold without gather nobody's perfect",all of the legal system has such and such shortcomings,so it will be applicable for retaliation.Years of practice and relevant real case shows that the WTO retaliatory measures and there is not perfectly play the desired effect,the system itself in the process of the system and in the applicable there are many deficiencies and difficulties,and accompanied by a trade war with China,as well as current WTO special circumstances of the development prospects are grim,retaliatory measures under the WTO dispute settlement mechanism and what to do is also worth discussing.Based on the domestic and foreign relevant theory of retaliatory measures under the WTO dispute settlement mechanism on the basis of combing,by combining the typical case of empirical analysis to discuss the retaliatory measures existing key problems to be solved,the article puts forward Suggestions on the problem of the targeted.And the developed countries in Europe and the United States trade retaliation practice situation,on the basis of the good and discard the dregs,and emphatically probes into the current China to the United States trade compliance is the direct source of international law for its implementation.Finally,the current development of a trade war with China and the WTO suggest their own thinking and to deal with difficulties.Therefore the author here is based on retaliation in daily use,some problems in the process of analysis and more objective understanding of retaliatory measures,hopes to be able to involved in the country's legal system construction and the use of render shows.The first part is introduction,that mainly introduces the research background and significance,research status in this field at home and abroad,research methods and innovations.The second part is the empirical analysis,and through the revenge is a classic case of empirical study,based on the analysis of retaliatory measures on the basis of the practice ofjurisprudence,the analysis of typical cases are related to the objective,so as to analyze the typical problems affecting retaliatory measures implemented,and the deeper reason.The third part,mainly introduces the retaliatory measures improvement Suggestions.This part mainly analysis for typical cases retaliatory measures to the deficiency of existing rules.revenge level is difficult to determine,retaliation may be affected but not related industry and the third party members expounds some problems,then it analyzes the deep level reason.The fourth part is the retaliation mechanism on the present conditions of different countries and regions.Europe and the United States as the most developed economies in the world today is also involved in retaliatory measures more frequent member,China's economic development since the reform and opening up further integration with the world,cases involving retaliatory measures are also increasing.This part mainly discusses the current trade war between China and the United States against the background of China to the United States to implement trade compliance is the direct source of international law.The fifth part,the Chinese retaliation for Suggestions cope with the situation,how to better cope with revenge in the future are put forward his own suggestion.And on China how to deal with a trade war with China and the WTO put forward ideas in the development of the current predicament.