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争端解决谅解
相关语句
  dispute settlement understanding
     The negative consensus adopted by the Dispute Settlement Body and the rule-oriented practice of the panel and Appellate Body based on the WTO Dispute Settlement Understanding have made the WTO dispute settlement system become more and more legal in nature.
     争端解决机构所采取的(简称DSB)“反向协商一致”的决策程序,以及专家组和上诉机构基于《争端解决谅解》(简称DSU)以规则为导向的实践,使得WTO争端解决机制在本质上已经变得越来越法律化。
短句来源
     According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization.
     根据《争端解决谅解协议》规定,世贸组织成员之间若发生贸易纠纷,有关各方既可以自行协商解决,也可以通过世贸组织争端解决机构来解决。
短句来源
  “争端解决谅解”译为未确定词的双语例句
     EC brings forward its suggestions of 5 parts of 37 issues on relevant improvements and clarifications, which touch upon 12 articles of the total 27, 1 appendix of the total 4 in DSU, as well as many other supplementary and additional proposals.
     欧共体共提出了5个方面37条改进和澄清条款的建议,涉及了争端解决谅解27条中的12条和4个附件中1个,还包括大量增补条款和附加建议。
短句来源
  相似匹配句对
     (4) Dispute solving system.
     (4)争端解决方式。
短句来源
     By this,the open problem 94 of F.
     解决了 F.
短句来源
     Dispute Solution System of WTO
     世界贸易组织争端解决机制评析
短句来源
     OECD:Understanding on Export Credits for Ships
     OECD《关于船舶出口信贷的谅解
短句来源
     3.to enhance the mutual understanding;
     3.多些宽容,增进相互谅解
短句来源
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  dispute settlement understanding
Chapter 8 covers the issues and concerns raised by the Dispute Settlement Understanding Rules for developing countries.
      
Paper presented on The deterrent value of the World Trade Organization's Dispute Settlement Understanding and alternative remedial mechanisms.
      
Since 1995, 321 cases have been initiated under the Dispute Settlement Understanding.
      
The WTO's Dispute Settlement Understanding created a notable appellate review system which has generated a more complex case law.
      
The review process covers issues in the order in which they arise in the Dispute Settlement Understanding itself.
      


One of the fundamental differences between the GATT and the WTO is the dispute settlement mechanism. In the GATT scenario, the adoption of a decision made by the panels may be blocked by the losing party under the positive consensus mechanism. However, this situation has been reversed under the WTO dispute settlement mechanism, which uses the negative consensus mechanism. In other words, there is no possibility for the losing party to block the adoption of the decision made by WTO panels or the appellate body.There...

One of the fundamental differences between the GATT and the WTO is the dispute settlement mechanism. In the GATT scenario, the adoption of a decision made by the panels may be blocked by the losing party under the positive consensus mechanism. However, this situation has been reversed under the WTO dispute settlement mechanism, which uses the negative consensus mechanism. In other words, there is no possibility for the losing party to block the adoption of the decision made by WTO panels or the appellate body.There are two alternatives for the WTO members to resolve their trade disputes. They can do it either by consultation or through the Dispute Settlement Body (DSB) which is the WTO General Council in its another capacity. The DSB, in a strict sense, is only a quasi judicial body as the decision made by the appellate body needs to be approved by the WTO members. Notwithstanding that, the DSB has a set of complete procedural requirements. The first trade dispute that China encountered after its accession to the World Trade Organization derives from the fact that a high import tax was levied on the Chinese steel products in the United States. After the two sides failed to resolve their dispute through consultation, China requested the WTO to establish a panel in May 2002, wishing to resolve its dispute with the United States through the WTO dispute settlement mechanism. However, the Chinese media, while reporting this case, misinterpreted the word "panel" with another expression "expert (review) group". To get the advice from experts is only a selective choice for the panelists and the appellate body members when they are drafting their recommendations or rulings. This practice is different from the panel review, which is an indispensable part of the WTO dispute settlement process.This incident of misinterpretation reflects the urgency on the part of China to familiarize itself with the WTO rules and dispute settle mechanism. To accede to the WTO is important for China, while what is more important is to use the WTO rules and dispute settlement mechanism correctly and efficiently. Otherwise, the Chinese enterprises will pay high cost in the severe competition of international trade.

根据《争端解决谅解协议》规定 ,世贸组织成员之间若发生贸易纠纷 ,有关各方既可以自行协商解决 ,也可以通过世贸组织争端解决机构来解决。该机构的职能由世贸组织总理事会行使 .从严格意义上讲 ,世贸组织争端解决机构只是一个准司法机构 ,因为上诉机构所作的裁决 ,最终还得由总理事会表决通过。尽管如此 ,争端解决机构在处理贸易纠纷时 ,具有一套严格的程序规定。中国在加入世贸组织之后遭遇的第一场贸易纠纷就是中国的钢铁产品在美国被征收高额关税。在双方协商未果的情况下 ,中国政府于 2 0 0 2年 5月正式向世贸组织提出建立“评审团”的请求 ,希望通过世贸组织争端解决机构来解决双方的纠纷。但是 ,国内媒体在报道中美钢铁贸易纠纷时 ,将“评审团”误译成“专家组” ,这涉及一个概念错误。因为前者是世贸组织争端解决机制中一个不可缺少的程序 ,而后者只是评审团和上诉机构在审理案件时一个任意选择的程序

The legal basis of expert review in WTO dispute settlement is the Dispute Settlement Understanding,Article 13,i.e. each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. In practice, the disputing parties may also invite some experts to support their claims. With the increasing technicality and complexity of the disputes, the expert review is playing a more and more significant role in the WTO dispute settlement. Based on Appendix 4 of...

The legal basis of expert review in WTO dispute settlement is the Dispute Settlement Understanding,Article 13,i.e. each panel shall have the right to seek information and technical advice from any individual or body which it deems appropriate. In practice, the disputing parties may also invite some experts to support their claims. With the increasing technicality and complexity of the disputes, the expert review is playing a more and more significant role in the WTO dispute settlement. Based on Appendix 4 of the DSU, this article focuses on the current expert review mechanism and put forward some thoughtful suggestions on how to improve this mechanism in the WTO dispute settlement system.

世贸组织争端解决机构聘请专家的法律依据是《争端解决谅解协议》第 13条之规定 ,即评审团有权就争议中涉及的科学技术问题咨询有关专家。在世贸组织争端解决过程中 ,除了评审团有可能聘请个别专家或专家小组外 ,有关争议方也会聘请专家 ,以此来支持自己的诉讼观点。本文的重点是对评审团聘任专家这一机制进行研究 ,并对如何完善世贸组织专家 (组 )的工作程序提出了若干设想

According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization. General council of world trade organization exerts the function of this body. Strictly speaking, dispute settlement body is a quasi -judicial organization, because all the decisions put forward by...

According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization. General council of world trade organization exerts the function of this body. Strictly speaking, dispute settlement body is a quasi -judicial organization, because all the decisions put forward by general council of world trade organization should pass appeal body eventually. Despite this, there is a set of strict regulation of procedure when dispute is dealing with by settlement body. This article analyzes the effectiveness and decision - making principle of the world trade organization panel and appeal body, and then focuses the discussion on the panel of world trade organization, in order to facilitate the improvement and development of dispute settlement mechanism of world trade organization.

根据《争端解决谅解协议》规定,世贸组织成员之间若发生贸易纠纷,有关各方既可以自行协商解决,也可以通过世贸组织争端解决机构来解决。该机构的职能由世贸组织总理事会行使。从严格意义上讲,世贸组织争端解决机构只是一个准司法机构,因为上诉机构所作的裁决,最终还得由总理事会表决通过。尽管如此,争端解决机构在处理贸易纠纷时,具有一套严格的程序规定。本文着重从世贸组织专家组和上诉机构报告的效力方面和决策原则来分析,并将讨论的中心放在专家组上面来。

 
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