Tell us about your understanding of the dispute settlement mechanism of the World Trade Organization

Answer]: This question examines the WTO dispute settlement mechanism. Item A, according to the provisions of the Understanding on Rules and Procedures for Dispute Settlement, consultation is an important part of the dispute settlement process, and is a prerequisite and necessary procedure for applying for the establishment of an expert group, and item A is correct.

B, the Appellate Body is a permanent body within the dispute settlement body, which is responsible for reviewing the legal issues in the report of the panel on appeal and the legal interpretation made by the panel, and item B is correct.

c, in the course of dispute resolution, if the respondent fails to bring the measures found to be in breach of the relevant agreement into line with the requirements of the relevant agreement within a reasonable period of time, or fails to implement the award and recommendation, the parties to the dispute shall, at the request of the complaining party, negotiate compensation acceptable to both parties. If a satisfactory remedy is not reached, the original complainant may apply to the dispute settlement body for authorization to retaliate against the respondent for a suspension of concessions or other obligations. Therefore, the measure of suspending concessions or other obligations needs to be applied for first and cannot be made on its own, and item c is wrong.

d, the complainant intends to suspend the concession or other obligation to a degree and extent equal to the injury suffered. If the respondent believes that the retaliatory measures to be taken by the complainant are inconsistent with the degree of damage it intook, it may resort to the final ruling to apply for relief, which is correct in item d.

Answer]: b, c, d

bcd。According to the WT0 dispute settlement mechanism, disputes between members are resolved through consultation, good offices, conciliation and conciliation, panel of experts, appeal review and enforcement. Consultation is a mandatory procedure. Therefore, item A is correct.

The WTO's Appellate Body examines only the legal issues covered by the panel's report and the legal interpretations made by the panel. The Appellate Body may overturn, amend or revoke the findings and conclusions of the Panel, but does not have the power to remand the case to the Panel for reconsideration. Therefore, items C and D are incorrect.

The Appellate Body examines only the legal issues addressed in the Panel's report and the legal interpretations rendered by the Panel. The Dispute Settlement Body does not hear the case in person, but only through the Panel or the Appellate Body's Dispute Settlement Report, so the Appellate Body's decision cannot be appealed to the Dispute Settlement Body. Therefore, item B is incorrect.

In accordance with the provisions of the "World Organization Understanding on Dispute Settlement Rules and Procedures" (DSU), the WTO dispute settlement mechanism is governed by the scope of application, administration and operation, general principles, basic procedures, recommendations and awards, compensation and concessions. Suspension, special procedures involving LDC member countries, working procedures of the expert group, and review by the expert group.

Among them, the basic procedures can best reflect the connotation of the WTO dispute settlement mechanism. Specifically, the basic procedures of the WTO dispute settlement mechanism include: consultation; mediation, mediation and mediation; Arbitration; Panel Procedures; Appeal proceedings; supervise the recommendations or decisions of law enforcement dispute settlement bodies; Sanctions (compensation and retaliation).

1) Scope of application: The dispute settlement mechanism of the World Organization has the characteristics of uniformity, which is applicable to disputes arising from any agreement of the WTO between any members, and is based on the Understanding on Dispute Settlement Rules and Procedures (DSU), which forms part of the multilateral system of the World Organization. (2) Feature 1Uniformity 2

Independence (3) Types The types of disputes resolved by the Dispute Settlement Body of the World ** Organization mainly include the three types stipulated in Article 23 of the General Agreement on Tariffs and **: 1Breach of Complaint (the most common type of dispute): (1) The complainant must prove that the respondent has breached the agreement, and the complainant must prove that the respondent has breached the terms of the agreement.

2) If the appeal is successful, the respondent is obliged to amend or annul the ruling on such disputes, and the respondent often needs to repeal or modify the relevant measures. For example, the 2007 U.S. v. China copyright law violated the WTO's Agreement on Intellectual Property Rights Related to ** (TRIPS), which was a breach of the lawsuit, and China lost the lawsuit as a result of amending article 4 of the sued copyright law in 2010. 2.

Non-Breach Claim (1) The complainant is not required to prove the violation, but only to prove that his or her interests have been damaged or lost, and the examination of such claims is not pursued whether the respondent has violated the terms of the agreement, but only whether the respondent's measures have impaired or lost the complainant's interest under the agreement. (2) If the appeal is successful, the respondent does not need to amend the repeal, but needs to compensate for the ruling on such disputes, and the respondent has no obligation to cancel the relevant measures, but only needs to make compensation. For example, if State A sues State B for adopting a series of ** and protective measures for a certain product in its territory, which makes it difficult for Country A's relevant products to enter Country B's market, and Country A loses a certain amount of money in Country B's market as a result, this claim is a non-breach claim.

If State A's appeal is successful, State B is not required to cancel or modify its domestic ** and protective measures, but it should compensate for the damage to State A's interests. 3.In other cases, there have been no disputes of any type other than those mentioned above.

4) Basic ProceduresThe basic procedures of dispute settlement of the World ** Organization include: consultation procedures, panel procedures, Appellate Body review procedures, procedures for the adoption of reports of panels and Appellate Bodies, procedures for supervising the implementation of awards and recommendations, etc. In addition to the above-mentioned basic procedures, the dispute settlement procedures of the world** organization also include mediation, mediation, arbitration and other non-essential procedures.

1.Consultation: Mandatory procedure, 60 days, confidentiality(1) Consultation is a prerequisite for applying for the establishment of an expert group, but the matters to be negotiated and the adequacy of the consultation have nothing to do with the application for the establishment of an expert group and the ruling that the expert group will make.

2) The consultation process is confidential, including the process and the outcome. (3) Consultation is a necessary procedure in the basic procedures of WTO dispute settlement. 2.

Panel Procedure(1) The non-permanent panel procedure is the core procedure of the dispute settlement mechanism of the World Organization**. If the dispute has not been resolved through consultation within 60 days from the date of the request for consultation, the complaining party may.

Based on what you have learned, talk about your understanding of the relevant systems of international dispute resolution.

1. Friendly Negotiation The best way to resolve the dispute is to reach a settlement through friendly negotiation, but this method has certain limitations. 2. Mediation is conducted by a third party on the basis of the willingness of both parties to the dispute. Practice has shown that this is also a way to resolve disputes.

China's arbitration institutions have adopted the method of combining mediation and arbitration, and have achieved good results. The specific approach is that, taking into account the advantages of arbitration and the advantages of mediation, the arbitral tribunal may, before or after the commencement of the arbitration proceedings, mediate the dispute accepted by the parties on a voluntary basis.

If the mediation is unsuccessful, the arbitral tribunal shall continue the arbitration in accordance with the provisions of the Arbitration Rules until a final award is rendered. 3. The amount of money involved in the arbitration dispute is huge or the consequences are serious, and both parties are unwilling to make significant concessions, and the problem cannot be resolved despite long-term repeated negotiation and mediation; Or if one party has a bad attitude and intends to break the contract, and there is no sincerity to solve the problem, arbitration can only be resorted. Arbitration is based on arbitration procedures, in which arbitrators make decisions on the matters disputed by the parties.

The arbitrator's award is binding. If the losing party does not enforce the award, the winning party has the right to apply to the court for enforcement. At the request of the winning party, the court may intervene to compel the losing party to enforce the arbitral award.

4. If a lawsuit is filed with the court, and the dispute between the two parties cannot be resolved through negotiation and mediation, or the amount involved in the dispute is huge or the consequences are serious, and there is no arbitration clause in the contract, either party may file a lawsuit with the court of competent jurisdiction and apply for a judgment. Litigation is subject to procedural law, judgments are conducted in accordance with substantive law, and once the court has decided on the outcome, it must be enforced.