| THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？ |
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| 作者姓名： | CHEN Rudan |
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| 作者单位： | Associate Professor of Economic Law, at the Research Institute of Economy and Law, East China University of Political Science and Law, Shanghai, China |
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| 基金项目： | This paper is a preliminary result of the project Research on the Complainant＇s Benefit Orientation of WTO Dispute Settlement Mechanism and the Countermeasure supported by National Social Sciences Foundation of China （Grant No. 12CFX110） and the innovation project Mode Reform on China＇s Participation in WTO Litigation supported by Shanghai Municipal Education Commission （Grant No. 13YS090） and by China Law Society 2013 Annual Ministerial Legal Research Project [Grant No. CLS（2013）D228]. In addition, the initial draft of this paper was presented in the 3rd NUS-Asian SIL （Society of International Law） Young Scholars Workshop in Singapore, 2012. |
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| 摘 要： | By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.
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| 关 键 词： | 争端解决机制 不对称性 WTO 系统 世界贸易组织 争端解决程序 双向调节作用 国家利益 |
THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？ |
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| CHEN Rudan.THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？[J].Frontiers of Law in China,2014(2):208-232. |
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