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WTO 争端解决机制:改革方案(I〕

  Generally speaking, the DSU created a legalized, predictable, and reliable system for dispute settlement. But at first the negotiators of the DSU dared not assume the success.[5] So the Ministers meeting at Marrakech in April 1994 regulated an insurance policy to guarantee the success. They invited the Ministerial Conference of the WTO to complete a full review to WTO dispute settlement rules and procedures within four years after the WTO agreement entered into effect, and “to take a decision… whether to continue, modify or terminate such dispute settlement rules and procedures.”[6] The review was scheduled for competition in 31 December 1998, but because of the numerous proposals submitted, the deadline for the review was extended until the end of July 1999.[7] Among the numerous proposals submitted by the WTO members, it is the common point that is their satisfaction with the dispute settlement system. They praised the DSU’s role in strengthening the credibility and predictability of the multilateral trading system, the impartial and objective manner in which disputes are settled, and the positive and satisfactory solutions found. Consequently, they emphasised that there is no need to change the dispute settlement system as a whole. But behind the common agreement, lots of complaints regarding the dispute settlement procedures and the WTO institution weakness arose from the developing countries, non-governmental organizations (NGOs) and some developed countries. This paper will firstly overlook the dispute settlement procedure, and then try to examine the points in relation to the dispute settlement process and the institutional weakness on the base of all kinds of review proposals.      
  II. Overview on the Dispute Settlement Understanding (DSU)     
  The DSU contains rules and procedures. A party can initiate the process by the request of consultations to the other party and notify the Dispute Settlement Body (DSB) if the party think that the other WTO Member’s measures are incompatible with the WTO Agreements. Pursuant to Article 4 of the DSU, a Member is to ‘afford adequate opportunity for consultation’ and a Member is to reply within 10 days and ‘enter into consultations in good faith’ within 30 days after the receipt of the request for consultations.[8]      


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