To Be or Not to Be? The Implementation of the MPIA from the Perspective of the WTO Dispute Settlement

서지정보

· 발행기관 : 이준국제법연구원
· 수록지 정보 : China and WTO Review / 7권 / 2호
· 저자명 : 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

영어초록

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.

참고자료

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