Lecture Notes in Education Psychology and Public Media

- The Open Access Proceedings Series for Conferences


Lecture Notes in Education Psychology and Public Media

Vol. 21, 20 November 2023


Open Access | Article

Research on the Retaliation System in the WTO's Dispute Settlement Mechanism

Chuxi Zheng * 1
1 Jilin University

* Author to whom correspondence should be addressed.

Advances in Humanities Research, Vol. 21, 94-100
Published 20 November 2023. © 2023 The Author(s). Published by EWA Publishing
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Citation Chuxi Zheng. Research on the Retaliation System in the WTO's Dispute Settlement Mechanism. LNEP (2023) Vol. 21: 94-100. DOI: 10.54254/2753-7048/21/20230080.

Abstract

When conducting trade activities, due to the needs of countries' national interests or due to the general international context, it is inevitable that some acts will be used to disrupt the balance of world trade transactions, thus causing conflicts between two or more nations. If a dispute arises under the framework of the World Trade Organization (WTO) agreement, one party will be deemed to be in breach of the WTO agreement, and the injured party will resort to the WTO Dispute Settlement Body(DSB), and if the "losing party" does not fulfill the agreement, then the "winning party" will request the WTO Dispute Settlement Body to retaliate against it. If the "losing party" does not fulfill the agreement, then the "winning party" will request the DSB to authorize retaliation against it, to stop the behavior of the defaulting party and get certain compensation. Therefore, the retaliation system of the WTO dispute settlement mechanism is of great significance to maintaining the international economic order. The establishment of this system is of great practical significance for resolving disputes between disputing parties and achieving the rebalancing of the international economic order. However, along with the continuous occurrence of various dispute cases, and in the increasingly frequent use of the WTO panel members, member states and academics have gradually recognized certain shortcomings of the retaliation system, resulting in this system for certain violations of the agreement, often helpless. In this regard, all countries have improved the retaliation system under the WTO dispute settlement mechanism from their own or overall interests. This paper discusses the shortcomings of the retaliation system in the WTO dispute settlement mechanism and then makes some suggestions on how to modify and improve it.

Keywords

WTO, dispute settlement mechanism, retaliation system, suggestions

References

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2. Lawrence, R. Z. . (2003). Crimes and punishments?: Retaliation under the WTO. Peterson Institute Press All Books(151), 3.

3. Spadano, L. E. F. A. . (2008). Cross-agreement retaliation in the WTO dispute settlement system: an important enforcement mechanism for developing countries?. World Trade Review, 7(3), 511-545.

4. Limenta, M. . (2017). WTO Retaliation: Effectiveness and Purposes. Hart Publishing.

5. Golman, & Wilfred. (2017). The World Trade Organization dispute settlement mechanism and the South Pacific island nations' participation.

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13. Lu, Yu. Study on the level of retaliation in WTO arbitration decisions. (Doctoral dissertation, East China University of Political Science and Law).

14. Meng Q. (2016). The improvement and reconstruction of retaliation system in WTO dispute settlement mechanism. International economic cooperation. (7):305-314.

Data Availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

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Volume Title
Proceedings of the International Conference on Global Politics and Socio-Humanities
ISBN (Print)
978-1-83558-121-6
ISBN (Online)
978-1-83558-122-3
Published Date
20 November 2023
Series
Lecture Notes in Education Psychology and Public Media
ISSN (Print)
2753-7048
ISSN (Online)
2753-7056
DOI
10.54254/2753-7048/21/20230080
Copyright
© 2023 The Author(s)
Open Access
This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited

Copyright © 2023 EWA Publishing. Unless Otherwise Stated