To Be or Not to Be? The Implementation of the MPIA from the Perspective of the WTO Dispute Settlement
(주)코리아스칼라
- 최초 등록일
- 2023.04.03
- 최종 저작일
- 2021.09
- 30페이지/ 어도비 PDF
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서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 7권 / 2호
ㆍ저자명 : Jiaxiang Hu, Dapo Wang
목차
I. Introduction
II. Relations between Arbitration
III. Relations between Arbitration and Other Relevant Articles of the DSU
IV. Arbitration in the GATT /WTO Dispute Settlement Practices
V. The MP IA and the DSU :More Than Procedural Issues
VI. Conclusion
References
영어 초록
The EU, China, and other WTO members recently released their concluded MPIA with its Annexes I and II as a temporary arrangement to deal with the appeals of panel rulings before the Appellate Body resumes its operation. The WTO dispute settlement mechanism is a complete unit with unique features and inherent logic. Although this arrangement maintains the two-tier process with arbitration to replace the appellate review, there is a fundamental difference between them, which is embodied not only in the dispute settlement process but also in the implementation of the rulings. The challenges that the WTO dispute settlement mechanism encounters are not limited to those procedural issues, but they are also connected with the substantive rules, with which the procedural issues should be jointly resolved. This is the correct way to deal with the current challenges and to reform the multilateral trade regime.
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