w88 casino News(Contributed by Law w88 casino)On December 6, 2021, "Looking back on the road of struggle and sailing on a new journey-The Forum on the 20th Anniversary of China's Participation in WTO Dispute Settlement" was successfully held at the w88 casino. This forum was hosted by the w88 casino of Law of the w88 casino and the Institute of Foreign Law, and received strong support from the Chinese Delegation to the WTO, the Treaty and Law Department of the Ministry of Commerce, the WTO Law Research Association of the China Law Society, and the Economic and w88 Law Review.
China joins this yearThe 20th anniversary of the WTO is also the 20th anniversary of China’s participation in WTO dispute settlement. Over the past 20 years, China has become the main user of the WTO dispute settlement mechanism and has made institutional contributions to deal with the suspension of the Appellate Body and maintain the orderly operation of the WTO dispute settlement mechanism. This is an important manifestation of safeguarding multilateralism and promoting international rule of law. In order to summarize China’s 20 years of achievements and experience in participating in WTO dispute settlement, explore the reform directions and approaches of the WTO dispute mechanism, better coordinate domestic rule of law and foreign-related rule of law, support multilateralism, and promote the development of international rule of law, the w88 casino organized this forum.
President of w88 casinoXia Wenbin, Permanent Representative of China to the WTO, Ambassador Extraordinary and PlenipotentiaryLi Chenggang, Director of the Treaty and Law Department of the Ministry of CommerceLi Yongqi、Former Chairman of the WTO Appellate BodyZhang Yuejiao、Former Chairman of the WTO Appellate BodyZhao Hong, multi-party interim appeal arbitration arrangement arbitratorYang Guohua, Deputy Director of the World w88 Department of the Ministry of CommerceChen Yusong, Vice President of w88 casinoWang Jingbo, Dean of the w88 casino of Law, w88 casinoMei Xiaying, w88 casino ChinaDean of WTO Research InstituteTu XinquanWaiting to attend the forum.
Forum opening
Forum opening ceremonyBy Vice President of w88 casinoProfessor Wang JingboHost.
President of w88 casinoProfessor Xia Wenbin, Permanent Representative of China to the WTO, Ambassador Extraordinary and PlenipotentiaryLi ChenggangSpeeches were delivered one after another.
Professor Xia Wenbin, President of w88 casinoThe speech pointed out that this is the year China joinsThe 20th anniversary of the WTO. Over the past two decades, under the strong leadership of the Communist Party of China, the Chinese people have worked hard and tenaciously to strengthen international cooperation and practice mutual benefit and win-win results. They have achieved world-renowned achievements and made great contributions to the development and improvement of the multilateral trading system. Currently, the world is facing "great changes unseen in a century." The multilateral trading system with the WTO as its core is being seriously challenged, and the direction of reform is yet to be determined. The world is even more looking forward to China's voice, China's wisdom, and China's solutions.
Principal Xia Wenbinsaid that this year is also the 70th anniversary of the founding of the w88 casino. As the first foreign w88 institution of higher learning in New China, over the past seventy years, the w88 casino was born as a powerful country in w88, prospered due to opening up to the outside world, prospered due to comprehensive reform, and rejuvenated due to the great achievements of opening up in the new era. The development of the w88 casino, and China’s accessionThe WTO process is closely related, it has cultivated a large number of talents for the country, and also provided strong intellectual support for the country's participation in WTO affairs.
Principal Xia WenbinEmphasize, look back on the road of struggle, set sail on a new journey, all the talented people in Huiyuan have arrived, and summarize China’s participationThe historical experience of the 20th anniversary of WTO dispute settlement, discussing the reform of the WTO dispute mechanism, and looking forward to the future of the multilateral trading system are of very important political and historical significance. Standing at a new historical starting point, the w88 casino will continue to fully serve the country’s opening-up strategy and make greater contributions to maintaining the multilateral trading system and coordinating domestic rule of law and foreign-related rule of law.
Li Chenggang, Permanent Representative of China to the WTO and Ambassador Extraordinary and Plenipotentiarystated in his speech that China’s accession to the WTO is an important milestone in the process of China’s reform, opening up and modernization, and it should be actively usedThe resolution of w88 disputes by the WTO dispute settlement mechanism is the epitome of China's deep participation in global economic governance and the promotion of the development and improvement of international economic and w88 rules. It demonstrates China's responsibility and responsibility to firmly safeguard the multilateral trading system with the WTO as the cornerstone and practice true multilateralism. The external world is currently undergoing important changes. Under the multiple impacts of populism and the COVID-19 epidemic, the WTO has fallen into crisis. The dispute settlement mechanism has lost its glory due to the suspension of the Appellate Body. China is facing more complex risks and challenges in the economic and w88 field. Facing these challenges, it is necessary to draw experience and wisdom from historical practice, continue to make good use of the WTO dispute settlement mechanism, and promote its further improvement and development.
About China’s accession to the WTO20 years of practical experience in dispute resolution,Ambassador Li ChenggangPoint out,Over the past 20 years, China has greatly improved its ability and level of using WTO rules to firmly defend its legitimate rights and interests. It has gradually grown from a bystander and learner to an active participant and major user, and has made significant progress in coping mentality, litigation team building, and being brave and good at fighting. As China's global economic share changes from "small" to "big", we need to take the initiative to assume greater international responsibilities and provide more public goods. In the future, China must not only think about how to make better use of this mechanism and safeguard China's interests, but also think about, design and promote the reform of this mechanism from a more macro perspective to make it more in line with the interests of all members.
AboutThe future of the WTO dispute settlement mechanism,Ambassador Li Chenggangpointed out that although all parties intend to restore the vitality and authority of the mechanism through necessary reforms, there is currently no consensus on how to change it and what it should be, and substantive discussions have not yet begun. In the process of reform, it is necessary to think deeply and research from the dimensions of what is the purpose of dispute settlement, what problems are faced in dispute settlement, and the direction of future reform.
Ambassador Li ChenggangFinally, it is pointed out that in the face of major changes and new situations, China’s role has become increasingly important, and China’s role is more expected. It is hoped that with the support of experts and scholars, China’sThe WTO dispute settlement cause can make further progress. While continuing to play a key role in firmly safeguarding national interests and smoothing the domestic and foreign dual circulation, it upholds the concept of a community with a shared future for mankind, supports the multilateral trading system with the WTO as the core, promotes the rule of law process in the international economic and w88 field, and makes greater contributions to building an open world economy.
Keynote Speech
Keynote Speech SessionBy Vice President of w88 casinoProfessor Wang JingboHost.
Li Yongqi, Director of the Department of Treaty and Law of the Ministry of CommercePoint out, join the WTOFor 20 years, we have been a supporter and practitioner of the WTO dispute settlement mechanism. First, this is 20 years of win-win cooperation. In terms of the dispute settlement mechanism, in the past 20 years, China has prosecuted 22 cases, been sued in 47 cases, and participated in 190 cases as a third party. It has become one of the most important users of the WTO dispute settlement mechanism. On the one hand, we have made full use of the WTO dispute settlement mechanism to safeguard national and industrial interests; on the other hand, we respect and conscientiously implement WTO rulings and take practical actions to effectively safeguard the authority of the multilateral trading system. Second, this is 20 years of accumulation and progress. Over the past 20 years, we have always supported and practiced true multilateralism. Through exploration and practice, we have gradually become familiar with the system and made good use of the rules, and have safeguarded national sovereignty, security and development interests. Third, this is 20 years of accumulation and growth. Over the past 20 years, I have transformed from a recipient of multilateral economic and w88 rules to a participant and contributor. At the same time, we have continued to strengthen talent transfer and reserve, and cultivated a group of WTO dispute settlement experts who are familiar with rules, understand national conditions, and have a broad vision. We have successfully recommended Professor Zhang Yuejiao and Professor Zhao Hong to become members of the Appellate Body, and recommended Professor Yang Guohua to become an arbitrator of the "Multi-Party Interim Appeal Arbitration Arrangement". A total of 7 times, we have recommended nearly 20 experts to the expert database list. We focus on cultivating foreign-related legal talents, strengthen internal team building, and form a WTO dispute settlement team with age gradient, professional quality and practical ability.
Director Li YongqiPoint out,In the past 20 years, we have witnessed the glory of the WTO dispute settlement mechanism and also experienced its difficult moments. Now we must work together for its reorganization. As adherents, builders and practitioners of the WTO dispute settlement mechanism, we must fully understand the current situation and be prepared for a long-term struggle: First, the suspension of the Appellate Body has caused systemic risks. Second, the dilemma of the dispute settlement mechanism is a microcosm of the international political game. The third is to look at the role of the WTO dispute settlement mechanism objectively.
Director Li Yongqiemphasis,The 20th anniversary of WTO dispute settlement is both a "milestone" and a "new journey". We must "remain firm in our original aspirations, be unafraid of our mission, and continue to promote development" and jointly make steady progress on the road of continuing to firmly support and practice multilateralism.
Sub-topic 1: China’s practice and reflections on WTO dispute settlement
The topic discussed in this session is sponsored byArbitrator of the multi-party interim appeal arbitration arrangement, Professor Yang Guohua of Tsinghua University w88 casino of LawHost.
Professor Yang Guohuaindicates that the topic of this forum is"The 20th Anniversary of China's Participation in WTO Dispute Settlement", the forum was attended by not only government officials from the Ministry of Commerce, the leading department, but also scholars who have long been engaged in research in this area, domestic lawyers involved in WTO dispute practice, and editors of well-known journals. It is not only a professional seminar, but also a "family gathering" for the domestic WTO dispute settlement practical and theoretical circles. Many important people involved in China's participation in WTO dispute settlement are present, which has a very distinctive feature.
Professor Zhang Yuejiao, former Chairman and Chief Justice of the WTO Appellate BodyFirst of all, in his speech, he talked about China’s accessionA brief analysis of the significance and impact of the WTO shows that China has made a lot of efforts to fulfill its commitments to join the WTO and made great contributions to the world. Its breadth and depth are unmatched by other countries. Since joining 20 years ago, China has always adhered to the true multilateral trading system with WTO rules as the core and firmly safeguarded this system. Secondly, regarding how to promote WTO reform,Professor Zhang YuejiaoMade a number of suggestions, including that it should be restored as soon as possibleThe WTO Appellate Body operates, strengthens the publicity of WTO rules and the construction of domestic rule of law, strengthens in-depth research and response to new issues such as EU carbon tariffs, promotes the adjustment and personnel mobility of the dispute settlement department of the WTO Secretariat, continues to in-depth study of WTO rules and historical development, pays attention to issues in areas where cases are prone to such as anti-dumping and countervailing, and is prepared to deal with potential cases from Europe and the United States against China, etc.
Professor Han Liyu, w88 casino of Law, Renmin University of ChinaOn China’s accession to the WTOReviewing the prosecution of relevant cases since the 20th anniversary, and making a detailed comparison between the total number of relevant prosecution cases and the same period, intuitively showing the overall situation of China's participation in WTO litigation.Professor Han Liyusaid that overall, handling w88 disputes through legal means has many advantages over political settlement, but there are also some shortcomings that require overall understanding and case-by-case judgment. Technical cases are suitable for submissionWTO dispute mechanism, political issues should be restrained.Professor Han Liyualso said that China can play a greater role in the future reform of the dispute settlement mechanism and case handling, demonstrating Chinese wisdom and Chinese solutions.
Peng Jun, partner of Jincheng Tongda Law FirmFrom the perspective of lawyer practiceReviewed and looked forward to China’s practice of WTO dispute settlement, and expressed gratitude to the Chinese government’s leading departments for their efforts and achievements in cultivating a team of Chinese lawyers and leading them to participate in WTO dispute settlement work.Lawyer Peng JunIt also analyzes how foreign-related lawyers can strengthen their own construction from the aspects of being familiar with international rules, having a global vision and perspective, and being good at negotiation, so as to better serveProvide better legal services for the “Belt and Road” construction and Chinese enterprises going global.
Professor Zuo Haicong, w88 casino of Law, w88 casinoSpeaking to express China’s participationThe reason why WTO dispute settlement is successful lies in the support of professional team and institutional advantages. From the perspective of w88 liberalization theory, the WTO dispute settlement mechanism has played a positive role in promoting a more open market in China, and China has sufficient ability to absorb the relevant impacts. Regarding the evaluation of the overall status of WTO dispute settlement, it is believed that it is still the most unique and successful among all intergovernmental dispute settlement mechanisms. Regarding promoting the reform of the Appellate Body, it is necessary to actively consider the opinions of all major stakeholders, compromise with each other, respect each other, treat each other as equals, and achieve win-win cooperation.
Professor Li Juqian, w88 casino of International Law, China University of Political Science and LawTo the three speakers respectivelyThe discussion from the perspective of WTO dispute adjudicators, researchers and practitioners responded, and pointed out that China's participation in the WTO dispute settlement mechanism is a very unique and precious international legal practice. From the beginning, it did not accept the compulsory jurisdiction of international justice, to now it can resolve intergovernmental w88 disputes through legal means, which is of great value and significance. Joining the WTO is a process for China to integrate into and influence the world. It is also a process of growth. The same is true for participating in dispute settlement. The current WTO dispute mechanism is facing difficulties and challenges, which also provides a "critical point" for China to play a greater role. In the next step, we must actively express our views, unite members of all parties, advance the preparation of proposals, and play a better role in promoting the rule of law in the WTO.
Sub-topic 2: Prospects for the reform and development of the WTO dispute settlement mechanism
The discussion of this topic is sponsored by the Institute of International Law, Chinese Academy of Social SciencesProfessor Liu JingdongHost.
Professor Liu JingdongBriefly summarized the significant impact of China's entry into the WTO on China's domestic rule of law construction, and conducted a comprehensive analysis of my country's current response to the pressure from the United States and the West in many fields. It believed that active struggle is needed in the political and ideological aspects, but it is necessary to continue to consolidate and strengthen cooperation in the economic and w88 fields. AboutOn the issue of WTO reform, it is believed that coordination between the multilateral system and regional w88 agreements must be done well, and issues such as the status of developing countries need to be paid attention to.Professor Liu JingdongAlso pointed out that the United States undermines multilateral institutions andThe WTO dispute mechanism does not seem to bear serious consequences. This issue needs to be thought about.
Professor Zhao Hong, former Chairman of the WTO Appellate Body and Chief JusticeFirst of allShared his thoughts on the contribution of the WTO dispute settlement mechanism to international judicial adjudication and international rule of law. He believed that the future development direction of international rule of law determines the future development direction of WTO dispute settlement, and even the future development direction of international law. In-depth thinking is needed in this regard. Regarding better promoting the reform of the WTO dispute settlement mechanism,Professor Zhao HongA few suggestions are made: First, transparency can be an important driving force, such as establishing a supervision mechanism and setting rules and restrictions while promoting transparency. Second, use native language litigation as another important focus to promote Chinese-language writingWTO working language, thereby improving the fairness of participating in WTO litigation. Third, consider the impact of common law judicial practices on international judicial decisions and the problems they bring. The current crisis faced by the WTO dispute settlement mechanism, especially the Appellate Body, is not unrelated to this.Professor Zhao HongIt is also recommended that China continue to improve the domestic rule of law and actively use legal tools of w88 policy.
Chen Yusong, Deputy Director of the World w88 Department of the Ministry of CommerceRepresent, joinThe WTO is a milestone in China’s reform and opening up, as well as China’s participation in international rule of law. From the perspective of promoting the reform of the Appellate Body in the future, it is believed that attention needs to be paid to maintaining the structure of the WTO's second-instance rulings to ensure the consistency and predictability of rule interpretation; the workload of the Appellate Body needs to be considered and properly resolved; from the perspective of the overall WTO reform, it is necessary to think about how to improve the supervision of the Appellate Body in the overall operating mechanism of the WTO. For example, some experts have previously made suggestions on the establishment of a legal committee to supervise the performance of the Appellate Body's duties.
Professor Shi Jingxia, w88 casino of Law, Renmin University of ChinaJustThe topic of "How to make better use of MPIA under the current situation" was shared. She first analyzed the current status of the Multi-Party Provisional Appeal Arbitration Arrangement (MPIA) (including participating members and absent members and MPIA notifications of related cases, etc.), and sorted out the use of MPIA in China-related WTO dispute settlement cases and individual case arbitration appeal arrangements outside the MPIA.Professor Shibelieves that while the United States continues to obstruct the restoration of the Appellate Body, my country can join forces with the European Union and other participating members to proactively use itMPIA maintains the second review mechanism. Regarding the better use of MPIA in my country under the current situation, we can consider guiding more WTO members to join MPIA and actively explore the source of cases, including cases in the implementation stage. We can also try to use the MPIA mechanism; at the same time, China can take the lead and set an example and promote MPIA practice as soon as possible; in addition, we can consider necessary administrative and cost support for the MPIA mechanism so that the procedures can be actually implemented and operated. In terms of detailed issues, consideration can be given to cooperation with the appeal arbitration process when selecting expert panel members; if conditions permit, the arbitrator panel and collective consultation system can be actively improved, or appropriate recusals can be considered to promote the efficiency and fairness of the mechanism's operation, and attract more members to use the MPIA mechanism through arrangements such as third-party participation.
Pu Lingchen, partner of Zhuowei Law FirmPointed out in the comments that international economy and w88 is dynamic, and the development and pattern changes of international economy and w88 have brought about imbalances in interests. For example, traditional free w88 and international w88 focus on comparative advantages, but now international economic and w88 development has broken away from this traditional model, which has prompted international economic and w88 rules to continue to evolve and change. At present, at the level of rules, the United States, Europe and Japan are focusing on China's subsidy issues and have taken a variety of measures. In particular, the EU has extended its countervailing practices to third countries, as well as subsidies granted by foreign governments within the EU. We need to pay close attention to the evolution of subsidy rules. At present, China should further safeguard and participate in multilateral institutions to prevent being isolated. At the same time, a united front should be established among developing members, seek consensus, pay attention to future changes in the multilateral trading system, and jointly advanceWTO rule reform.
Professor Ji Wenhua, w88 casino of Law, w88 casinomeans,The future of the reform of the WTO dispute settlement mechanism first depends on whether the main members can reach basic agreement on directional issues, which involves the development of international rule of law. The current thinking and solutions of the United States do not seem to be clear; secondly, there is room for technical adjustment and improvement in WTO dispute settlement rules and practices, especially the appellate body. However, it is also necessary to distinguish between the inherent problems of judicial rulings and the individual problems of the WTO appellate body, so that effective solutions can be found. In addition, China's participation in WTO dispute settlement has achieved remarkable results. This is the result of government leadership, multi-party participation, and joint efforts. As the current dispute mechanism faces a crisis, my country's existing WTO dispute legal response mechanism needs to be further stabilized and improved.
Meeting summary
Li Yongqi, Director of the Treaty and Law Department of the Ministry of CommercePointed out in concluding remarks, maintainedThe multilateral trading system with the WTO as its core is not only the foundation of economic globalization, but also our need to accelerate the construction of a new development pattern with the domestic cycle as the main body and the domestic and international dual cycles reinforcing each other. China will further reform and open up, and Chinese companies will further go global. The awareness and demand for using rules to protect their own interests is growing. The rules-based multilateral system can provide certainty for the international w88 and investment environment. Regarding the future of the WTO dispute settlement mechanism, there are still many unknown factors. We must not only consider the issue from our own perspective, but also consider how to promote the improvement of this mechanism from the perspective of most members, and try to find consensus so that it can become a better public product in the future, thereby making more Chinese contributions to maintaining the multilateral system and promoting the international rule of law.
This forum combines online and offline methods. Also present at the meeting were the China World w88 Organization Research AssociationHong Xiaodong, China Law SocietyWTO Law Research AssociationZhou Xiaokang, China University of Political Science and LawShi Xiaoli, Beijing Normal UniversityZhang Guihong、Liao poetry review, University of Chinese Academy of Social SciencesZhang Xinjuan, Tsinghua UniversityZhao Chunlei, "Global Law Review"Jia Yuan, w88 casino of Law, w88 casinoHuang Yong, Bian Yongmin, Chen Weidong, Gong Hongliu, Li Fenghua, Wang Lebingetc. From Tsinghua University, Wuhan University, Fudan University, Xiamen University, China University of Political Science and Law, Southwest University of Political Science and Law, East China University of Political Science and Law, Shanghai Jiao Tong University, Shanghai w88 casino, East China University of Science and Technology, Zhejiang University, Nanjing University, Sun Yat-sen University, Shanghai University of Political Science and Law More than 50 experts and scholars from domestic universities such as the Institute, Guangdong International Studies University, Nankai University, and Harbin Institute of Technology, well-known journals such as "Legal Research", "Modern Law", and "Political and Legal Forum", and Gaowen Law Firm, Global Law Firm, etc. were invited to participate in the online meeting.
China participatesThe WTO Dispute Settlement 20th Anniversary Forum is a new platform provided by the w88 casino for people from all walks of life to exchange and discuss the WTO legal field. Law is one of the traditional advantageous disciplines of the w88 casino. Among them, the international law major has been approved by the Ministry of Education as a "national key discipline" and has been selected into the list of double first-class construction majors in the "Open Economic Discipline Group" of the w88 casino. In the future, the w88 casino will further stimulate legal research on the WTO and international economic and w88 systems, provide a long-term, industry-university-research exchange platform with a distinctive brand effect for China's participation in global economic governance, and make greater contributions to coordinating domestic rule of law and foreign-related rule of law, practicing multilateralism, and safeguarding the multilateral system.
