A Comprehensive Analysis Of Wto Dispute Settlement Cases


Abstract
Thirteen years, WTO Dispute Settlement Body accepted an unprecedented number of disputes, and its frequency is much higher than the GATT and the International Court of Justice. Hearing of cases, the prosecution in most cases are won in the. Overall, implementation rates ruling high, but there are also facilities and refused to implement the extension of the case. U.S., EU and the defendant in the prosecution of the number of points in the first and second, developing countries, India and Brazil also more active prosecution of the respondent case is greater. The vast majority of existing WTO agreements covering the case, the types of cases more frequently followed by the case of GATT 1994, the anti-dumping, subsidies and countervailing duty cases, intellectual property cases, safeguards cases, the AoA case, the total trade in services agreement case, the class name agreement case, trade-related investment measures cases. All in all, WTO dispute settlement mechanism's operation is successful and productive, our country can consider a more active use of the mechanism. The cases enrolled by the WTO DSB were much more than those enrolled by the GATT and the ICJ in the past 13 years , among which most of the complainants won the lawsuits and most of the decisions have been executed. The USA and the European Community are No.1 and No.2 both as the complainants and the defendants, and India and Brazil are quite active complainants and frequently complained ones among the developing countries. The cases cover almost all WTO agreements. The number of different kinds of cases are sequenced as GATTl994, antidumping, subsidies and countervailing, intellectual properties, safeguards, agriculture, GATS, SPS, and TRIMs cases. Generally speaking, the operation of WTO dispute settlement mechanism has been quite successful and effective so China may be more active in utilizing the mechanism
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