What are the general procedures for dispute settlement in the World Trade Organization?

World ** Organization.

The Chinese abbreviation is WTO.

It is one of the most important international economic organizations in contemporary times, with 164 members, and the total number of members** has reached 98% of the world, and it is known as the "Economic United Nations".

Dispute Settlement Procedure:

The dispute settlement body of the World Organization is the General Council, which deals with disputes arising from any agreement or agreement included in the Final Act of the Uruguay Round. In accordance with the commitment of the members of the World Organization, in the event of a dispute, the parties should not take unilateral action against each other, but seek redress through the dispute settlement mechanism and abide by its rules and the rulings it makes.

1) Consultation: According to the Understanding on Dispute Settlement Rules and Procedures, the parties to the dispute shall first resolve the dispute through consultation.

2) Establishment of a panel of experts: If the member concerned ignores the consultation within 10 days or fails to resolve the matter after 60 days, the injured party may request the dispute settlement body to set up a panel of experts to help the dispute settlement body make a recommendation or ruling.

3) Adoption of the report of the Panel: The Dispute Settlement Body shall study and adopt the report of the Panel within 20 to 60 days after receiving it, unless the parties decide to appeal or oppose the adoption of the report by consensus.

4) Consideration by the Appellate Body: After the publication of the final report of the Panel of Experts, all parties to the dispute have the opportunity to appeal.

5) Decision of the Dispute Settlement Body: The Dispute Settlement Body shall adopt the report of the Appellate Body within 30 days after it has been circulated to the WTO members, and once it has been circulated, the parties to the dispute must accept it unconditionally.

6) Implementation and supervision: The dispute settlement body supervises the implementation of rulings and recommendations. If the breaching party fails to comply with the proposal and refuses to provide compensation, the aggrieved party may request the dispute settlement body to authorize retaliatory measures to suspend concessions or other obligations under the agreement.

Purpose of the WTO:

Raising living standards, guaranteeing full employment and substantial and steady increases in real income and effective demand;

expand the production of goods and services with **;

Adhere to sustainable development.

Each member shall promote the optimal use of the world's resources, protect and maintain the environment, and strengthen the adoption of various corresponding measures in a manner that meets the needs of each member at different levels of economic development;

Actively work to ensure that developing countries are ensured.

Especially the least developed countries.

Obtain a share and benefits commensurate with the level of economic development in the international ** growth; the establishment of an integrated multilateral system;

Establish a complete, more dynamic and durable multilateral system, including through substantial tariff cuts;

Based on the principles of openness, equality and reciprocity, we will gradually reduce the tariff and non-tariff barriers of all member states, and eliminate the discriminatory treatment of all member states in the international community.

WTO Objectives: The WTO's goal is to establish a more dynamic and durable multilateral system that includes goods, services, investment-related and intellectual property rights, so that it can include the GATT.

Liberalization and all the outcomes of the Uruguay Round of multilateral negotiations.

The establishment of a special "dispute settlement body" is a distinctive feature of the dispute settlement mechanism of the world's leading organizations, which distinguishes it from the dispute settlement mechanism of the General Agreement on Tariffs and Trade (GATT). Dispute settlement bodies in the broad sense include the WTO Dispute Settlement Body itself, the Panel of Experts, the Appellate Body, the WSO Secretariat and the Director-General. The dispute settlement procedure under the Dispute Settlement Understanding is basically divided into the following stages:

Consultations, good offices and conciliation, panels, appeal proceedings.

a) Consultations. Consultation is the first procedural stage of dispute settlement, which refers to a form of international negotiation between two or more members for the purpose of resolving a dispute between them or reaching an understanding. Since the settlement of disputes through consultation is an agreement reached by the parties to the dispute on the basis of consensus, which is conducive to the implementation of the agreements reached, this stage is a necessary stage of dispute settlement and is also a dispute settlement method provided by the world's leading organizations.

2) Good offices, conciliation and conciliation.

This procedure is not mandatory for the settlement of disputes and, in accordance with article 5 of the Dispute Settlement Understanding, may be conducted only if the parties to the dispute have voluntarily accepted it. Any party to a dispute may at any time request good offices, conciliation and conciliation, and the proceedings may be commenced or terminated at any time. If good offices, conciliation and conciliation have been entered into within 60 days of the request for consultations, the prosecution shall allow 60 days from the date of initiation of the consultations until the request for the establishment of a panel of experts.

If, within the period of 60 days, the parties agree that the dispute cannot be resolved by good offices, conciliation or conciliation, the good offices proceedings are terminated and the prosecution may submit a request for the establishment of a panel of experts within 60 days. The specific circumstances of the cases subject to the good offices, conciliation and conciliation proceedings, in particular the positions of the parties to the dispute during this period, shall be kept confidential and the positions taken by the parties during this period shall not have any effect on their future proceedings and shall not affect the exercise of their rights under the provisions of the provisions after the failure of the good offices, conciliation and conciliation. If the parties to the dispute agree unanimously, good offices, conciliation and conciliation may continue while the Panel of Experts works.

3) Panel of Experts Procedure.

In the event that the parties to the dispute fail to reach agreement after consultations or one of the parties fails to respond to the request for consultation, the request of the parties shall be prosecuted and the dispute settlement shall proceed to the stage of the Panel of Experts procedure. This procedure is the most complex part of the entire dispute resolution process, and it is also the most important part.

4) Appeal Procedure.

Prior to the Uruguay Round, there was no provision for an appeal procedure in the GATT dispute settlement procedure. For the first time, the Dispute Settlement Understanding clearly stipulates that the appeal procedure is the final procedure of the dispute settlement procedure, that is, the decision made after the hearing of the procedure is the final decision, and the decision shall be implemented by the parties immediately after the decision is adopted by the dispute settlement body. However, the appeal procedure is not a mandatory procedure for dispute settlement and can only be commenced if a party appeals the decision of the Panel of Experts.

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).

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.

Friendly consultation is one of the basic conditions for settling international disputes.

International disputes refer to disputes arising from various international exchanges or activities. It is an academic term in the field of economics. There are also international model disputes, international frictions, and international disputes with similar meanings.

The scope of international entities is very broad, including private individuals, countries (regions) and international economic organizations.

Generally speaking, international disputes are mostly used in business disputes between private individuals and legal persons, and the scale or economy is not very large; International disputes are more used in disputes between large international economic organizations and between countries and regions, involving a wide range of industries, economic scale and amount.

International disputes between nationals of different countries generally arise in the course of transnational economic activities such as the sale and purchase of goods, technology transfer, investment, and project contracting between nationals of different countries (including natural and legal persons). Nationals of different countries are direct participants in international economic and trade activities, and international disputes mostly occur between such parties.

Generally, it occurs between the parties in the interpretation or performance of an international economic and trade contract, but in some cases, it may also be a non-contractual dispute, such as a dispute arising from tort. However, whether it is a contractual dispute or a non-contractual dispute, the common feature is that the legal status of the parties to the dispute is equal, and the rights and obligations between them are reciprocal.

Characteristics of international ** disputes:

1. International disputes occur in the international field.

2. The subject of international disputes is foreign-related.

3. The subject matter of the legal relationship in dispute is located abroad or the act is completed abroad.

4. The legal facts that create, change or terminate the legal relationship occur abroad.

5. The law applicable to the settlement of international disputes may be determined by the parties through consultation, or the law of the country where a party is located, or the law of a third country, or an international convention or international practice.

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.

1. Friendly Negotiation The best way to resolve disputes 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 compel the losing party to enforce the arbitral award.

4. Litigation. If the dispute between the parties cannot be resolved through negotiation and mediation, or the amount of money involved in the dispute is huge or the consequences are serious, and there is no arbitration clause in the contract, either of the parties can have jurisdiction.

The court filed a lawsuit and applied 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.