From GATT to WTO: The Legalization of Compliance Procedures in Trade Dispute Settlement

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 1권 / 1호
ㆍ저자명 : Guang Ma, Jiang Li

목차

I. Introduction
II . Legalization of International Trade Dispute Settlement
III . The Strengthening Obligation of Compliance from the GATT DSP to the WTO DSM
IV . The Heightening of Precision of Rules governing the Compliance of the WTO DSM ’s Decisions
A. The Informing of the Intentions to Implement
B. The Determination of the Reasonable Period of Time
C. The Content of Compliance
D. The Judgment of Condition of Compliance
E. The Advancement of Delegation on the Compliance in the WTO DSM
F. The Augmentation of the Delegation Types
G. The Promotion of the Delegation Degree
V. Conclusion: The Potential Lacunae of Legalization in the Compliance of the WTO DSM ’s Decisions
A. The Basis of the Extant Legal Framework
B. Theory of Legalization as a Valuable Tool
References

영어 초록

From the twentieth century on, legalization process has been evident in international relations. As a core issue of international law and relation, dispute settlement between States has been evolving from its tit-for-tat strategy to diplomatic and then legal control. Based on the GATT DSP, the WTO DSM has achieved significant progress in legalization. In particular, as more DSM decision have been complied by member States, legalization process of trade dispute resolution via WTO is regarded promising. From the viewpoint of the legalization theory, in comparison to the GATT, the compliance of the WTO DSM’s decisions have become more precise. The WTO members have granted more authorities to its panel of the AB or DSB. It means that in the aspect of compliance of the WTO DSM’s decisions, the degree of delegation to the DSB has been lifted to a higher level.

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