Suggestions Regarding the WTO Dispute Settlement Mechanism in Strengthening Multilateralism

Research Article
Open access

Suggestions Regarding the WTO Dispute Settlement Mechanism in Strengthening Multilateralism

Jiacheng Yang 1*
  • 1 Department of Law, Southwest Minzu University, #16, South Section, 1st Ring Road, Chengdu, China    
  • *corresponding author 20300033@swun.edu.cn
LNEP Vol.4
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-915371-33-1
ISBN (Online): 978-1-915371-34-8

Abstract

Amid the outbreak of the US-China trade war from March 22, 2018, to July 6, 2018, the United States government announced trade enforcement actions against China. This was based on an investigation conducted following Section 301 of US Trade Law. Responding to the announcement, the Chinese government retorted with claims of possible countermeasures against the US, citing the Foreign Trade Law of China. At the beginning 74 days of the trade war, the US and China filed three motions for negotiations with the WTO Settlement Body over intellectual property and tariff issues before the US imposed an additional import tariff on China officially. From the start to now, the United States and China have filed eight consultations with the WTO dispute settlement body (DSB). However, no applications have yet provided effective legal support to resolve the trade dispute between these two nations or succeeded to uphold multilateralism. This reflects the weakness of the WTO Settlement Mechanism in upholding multilateralism. With analysis and comparison of the occurrence of the US-China trade war and the eight cases brought by China and the US to the WTO DSB during the trade war easily, two shortcomings of the WTO dispute resolution process in upholding multilateralism and the reasons for them are revealed. Based on this, relevant solutions are proposed.

Keywords:

US-China trade war, multilateralism, WTO

Yang,J. (2023). Suggestions Regarding the WTO Dispute Settlement Mechanism in Strengthening Multilateralism. Lecture Notes in Education Psychology and Public Media,4,1124-1132.
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References

[1]. Bradsher, Keith (2019), With Higher Tariffs, China Retaliates Against the U.S, Retrieved from https://www.nytimes.com/2019/05/13/business/trump-trade-china.html

[2]. Wang Yan (2019), Reflections on the Path and Dilemma of International Economic and Trade Legal Reform, Frontiers of Foreign Social Sciences, No.4, pp.6

[3]. T. Tian Yu (2020), When will the WTO Appellate Body Reopen? Urgency Comes to the Fore. The National People’s Congress of the People’s Republic of China. Retrieved from http://www.npc.gov.cn/npc/c30834/202010/6bafb38616cf456490c447bd4c407e84.shtml

[4]. GOVHK (2018), Tariff Measures in relation to United States / Mainland Trade Conflicts - Key Developments, Retrieved from https://www.tid.gov.hk/english/trade_relations/us/us_mainland_trade_conflicts.html

[5]. World Trade Organization (2018), DS543: United States — Tariff Measures on Certain Goods from China, Retrieved from https://www.wto.org/english/tratop_ e/dispute/cases/ds543_e.htm

[6]. Office of the United States Trade Representative (2018), Notice of Determination and Request for Public Comment Concerning Proposed Determination of Action Under Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, Retrieved from https://www.federalregister.gov/documents/2018/04/06/2018-07119/notice-of-determination-and-request-for-public-comment-concerning-proposed-determination-of-action

[7]. CHINA TRADE REMEDIES INFORMATION (2022), 55th Veto by the United States! WTO Appellate Body to Be Reactivated to 2024? Retrieved from https://cacs.mofcom.gov.cn/cacscms/article/cgal?articleId=173622&type=

[8]. WTO, A Unique Contribution, Retrieved from https://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm

[9]. Geneva Trade Platform (2022), Multi-Party Interim Appeal Arbitration Arrangement (MPIA), Retrieved from https://wtoplurilaterals.info/plural_initiative/the-mpia/

[10]. Zhu He (2022), The Director-General of the World Trade Organization (WTO) in Geneva gives an exclusive interview at the 12th Ministerial Conference, News 30, Retrieved from https://tv.cctv.com/2022/06/22/VIDEa8YbhLsFNZb0ngAu14qY220622.shtml

Cite this article

Yang,J. (2023). Suggestions Regarding the WTO Dispute Settlement Mechanism in Strengthening Multilateralism. Lecture Notes in Education Psychology and Public Media,4,1124-1132.

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About volume

Volume title: Proceedings of the International Conference on Interdisciplinary Humanities and Communication Studies (ICIHCS 2022), Part 3

ISBN：978-1-915371-33-1(Print) / 978-1-915371-34-8(Online)
Editor：Muhammad Idrees, Matilde Lafuente-Lechuga
Conference website: https://www.icihcs.org/
Conference date: 18 December 2022
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.4
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. Bradsher, Keith (2019), With Higher Tariffs, China Retaliates Against the U.S, Retrieved from https://www.nytimes.com/2019/05/13/business/trump-trade-china.html

[2]. Wang Yan (2019), Reflections on the Path and Dilemma of International Economic and Trade Legal Reform, Frontiers of Foreign Social Sciences, No.4, pp.6

[3]. T. Tian Yu (2020), When will the WTO Appellate Body Reopen? Urgency Comes to the Fore. The National People’s Congress of the People’s Republic of China. Retrieved from http://www.npc.gov.cn/npc/c30834/202010/6bafb38616cf456490c447bd4c407e84.shtml

[4]. GOVHK (2018), Tariff Measures in relation to United States / Mainland Trade Conflicts - Key Developments, Retrieved from https://www.tid.gov.hk/english/trade_relations/us/us_mainland_trade_conflicts.html

[5]. World Trade Organization (2018), DS543: United States — Tariff Measures on Certain Goods from China, Retrieved from https://www.wto.org/english/tratop_ e/dispute/cases/ds543_e.htm

[6]. Office of the United States Trade Representative (2018), Notice of Determination and Request for Public Comment Concerning Proposed Determination of Action Under Section 301: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, Retrieved from https://www.federalregister.gov/documents/2018/04/06/2018-07119/notice-of-determination-and-request-for-public-comment-concerning-proposed-determination-of-action

[7]. CHINA TRADE REMEDIES INFORMATION (2022), 55th Veto by the United States! WTO Appellate Body to Be Reactivated to 2024? Retrieved from https://cacs.mofcom.gov.cn/cacscms/article/cgal?articleId=173622&type=

[8]. WTO, A Unique Contribution, Retrieved from https://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm

[9]. Geneva Trade Platform (2022), Multi-Party Interim Appeal Arbitration Arrangement (MPIA), Retrieved from https://wtoplurilaterals.info/plural_initiative/the-mpia/

[10]. Zhu He (2022), The Director-General of the World Trade Organization (WTO) in Geneva gives an exclusive interview at the 12th Ministerial Conference, News 30, Retrieved from https://tv.cctv.com/2022/06/22/VIDEa8YbhLsFNZb0ngAu14qY220622.shtml

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