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WTO争端机制中涉及到的国际贸易法分析

1. Introduction 简介

The dispute settlement system in the WTO is treated as development among international economic relations, which aim at replace the power-based dispute resolution system (GATT). The primary objective of the law-based dispute settlement mechanism is to enhance protection as well as equality to developing states . However, the system is far from bring really impartial beetw在WTO争端解决机制被视为在国际经济关系中，其目的是在更换功率型纠纷解决制度（GATT）的发展。以法治为基础的争端解决机制的主要目标是，以加强保护，以及向发展中国家平等。然而，该系统还远远没有带来真正的公正 https://www.51lunwen.org/shangwuyingyujiaoxue/org201203171505551883.html een 发展中国家和发达国家的Z1期。在实践中，许多发展中国家正处于一个不利的位置比那些大型发达国家能够利用资源苛刻的法制化。 Hoekman和Mavroidis的认为，公正的立场出现在世贸组织的争端解决机制中，发展中国家和发达国家之间议价能力的大幅差距“，因为它依赖于分散执法的国际义务。”developing and developed menbers. In practice, many developing countries are in a disadvantage position compared with those large developed countries which are capable of utilizing the resourced-demanding legalized system. Hoekman and Mavroidis argue that impartial position between developing and developed countries in dispute settlement system of the WTO arise from substantial disparity in bargaining power, "since it rests on decentralized enforcement of international obligations." 

2. Situations and inequality under the WTO dispute settlement mechanism 世贸组织争端解决机制中的不平等情况

The new dispute settlement system is a multilateral mechanism, which encourages developing members to actively participate with providing them a more favorable environment than the bilateral menchanism under GATT. However, the realities are not that optimistic as it expect. According to Moon's research, it points out that under the new dispute settlement system, the percentage of developing countries as defendants while developed countries as complaints growed up significantly from 9.5% under the GATT menchanism to 28.1% under the WTO new system.  

3. Conclusion 总结

Overall, the dispute settlement mechanism, as a multilateral rule-based system, has provides developing countries a relatively better environment to protect their interests. But it is far from developing countries obtain fully eqality in the WTO. Even though the dispute settlement mechainsm offers certain favorable provisions to developing members in principle, they still cannot to aquatedly take advantage of them in practice. And because of inadequate financial as well as legal capacity, developing countries barely undertake the time-comsuming high costs and specialized legal demamd. Moreover, the deterrent force on politcs and economy from developed countries can hinder developing countries from initiating a dispute even they are in a favorable position. While the capacity of enforcement the dispute settlement outcomes are another obstacle for developing countries to defend their rights in the WTO. Therefore, such impediments make developing countries lack of incentives to seek justified legal cliams through dispute settlement mechanism, but rather simply abandon their rights even become aware of them.

Reference: 参考文献
Besson, F. and Mehdi, R. (2004). Is WTO Dispute Settlement System Biased Against Developing Countries? An Empirical Analysis, paper presented at the International Conference on Policy Modeling, Paris, France, 1-22
Busch, M. L and Reinhardt, E. (2004). the WTO Dispute Settlement Mechanism and Developing Countries, Kingston:本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。