MJIEL Vol 5 Issue 2 2008 - Article 3

Abstract: The mechanism of WTO dispute settlement has been set up since 1995, which is indispensable for the WTO to maintain the legal order of world trading system and to promote development of trade between or among the WTO Members. The implementation of recommendations and rulings is critically important for WTO dispute settlement which is recognized as the core of the WTO system. This paper is focused on the practice of implementation of WTO dispute settlement, with an objective assessment of its achievement and shortcomings. Firstly, it summarizes the contents and procedures of implementation of WTO dispute settlement in accordance with the DSU and practice of application. Secondly, it describes the basic facts of implementation of WTO dispute settlement with emphasis on analyses of the actual effects of implementation, so as to make an objective assessment of advantages and disadvantages of WTO dispute settlement. Thirdly, it briefly compares the implementation of rulings of International Court of Justice in order to understand the significance of implementation of WTO dispute settlement for the development of international law.

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