1、 Unit 2 Teaching Objectivesn了解世界贸易组织的功能n了解如何解决国际贸易中出现的冲突n了解世界贸易组织的争端解决机制Teaching Emphases nsettling disputes nglobal economynconsultationnappeals nthe Dispute Settlement Body Dispute settlement is the central pillar of the multilateral trading system,and the WTOs unique contribution to the stability
2、 of the global economy.Without a means of settling disputes,the rules-based system would be less effective because the rules could not be enforced.The WTOs procedure enhances the rule of law,and it makes the trading system more secure and predictable.The system is based on clearly-defined rules,with
3、 timetables for completing a case.First rulings are made by a panel and endorsed(or rejected)by the WTOs full membership.Appeals based on points of law are possible.However,the point is not to pass judgement.The priority is to settle disputes,through consultations if possible.By July 2005,only about
4、 130 of the nearly 332 cases had reached the full panel process.Most of the rest have either been notified as settled“out of court”or remain in a prolonged consultation stage some since 1995.Principles that WTO follows in settling dispute are equitable,fast,effective,and mutually acceptable.Disputes
5、 in the WTO are essentially about broken promises.WTO members have agreed that if they believe fellow-members are violating trade rules,they will use the multilateral system of settling disputes instead of taking action unilaterally.That means abiding by the agreed procedures,and respecting judgment
6、s.A dispute arises when one country adopts a trade policy measure or takes some action that one or more fellow-WTO members considers to be breaking the WTO agreements,or to be a failure to live up to obligations.A third group of countries can declare that they have an interest in the case and enjoy
7、some rights.A procedure for settling disputes existed under the old GATT,but it had no fixed timetables,rulings were easier to block,and many cases dragged on for a long time inconclusively.The Uruguay Round Agreement introduced a more structured process with more clearly defined stages in the proce
8、dure.It introduced greater discipline for the length of time a case should take to be settled,with flexible deadlines set in various stages of the procedure.The agreement emphasizes that prompt settlement is essential if the WTO is to function effectively.It sets out in considerable detail the proce
9、dures and the timetable to be followed in resolving disputes.If a case runs its full course to a first ruling,it should not normally take more than about one year 15 months if the case is appealed.The agreed time limits are flexible,and if the case is considered urgent(e.g.if perishable goods are in
10、volved),it is accelerated as much as possible.The Uruguay Round agreement also made it impossible for the country losing a case to block the adoption of the ruling.Under the previous GATT procedure,rulings could only be adopted by consensus,meaning that a single objection could block the ruling.Now,
11、rulings are automatically adopted unless there is a consensus to reject a ruling any country wanting to block a ruling has to persuade all other WTO members(including its adversary in the case)to share its view.Although much of the procedure does resemble a court or tribunal,the preferred solution i
12、s for the countries concerned to discuss their problems and settle the dispute by themselves.The first stage is therefore consultations between the governments concerned,and even when the case has progressed to other stages,consultation and mediation are still always possible.Settling disputes is th
13、e responsibility of the Dispute Settlement Body(the General Council in another guise),which consists of all WTO members.The Dispute Settlement Body has the sole authority to establish“panels”of experts to consider the case,and to accept or reject the panels findings or the results of an appeal.It mo
14、nitors the implementation of the rulings and recommendations,and has the power to authorize retaliation when a country does not comply with a ruling.The First stage for settling disputes is consultation(up to 60 days).Before taking any other actions the countries in dispute have to talk to each othe
15、r to see if they can settle their differences by themselves.If that fails,they can also ask the WTO director-general to mediate or try to help in any other way.The Second stage involves the panel.It usually takes up to 45 days for a panel to be appointed,plus 6 months for the panel to conclude.If co
16、nsultations fail,the complaining country can ask for a panel to be appointed.The country“in the dock”can block the creation of a panel once,but when the Dispute Settlement Body meets for a second time,the appointment can no longer be blocked(unless there is a consensus against appointing the panel).
17、Panels are like tribunals.But unlike in a normal tribunal,the panellists are usually chosen in consultation with the countries in dispute.Only if the two sides cannot agree does the WTO director-general appoint them.Panels consist of three(possibly five)experts from different countries who examine t
18、he evidence and decide who is right and who is wrong.The panels report is passed to the Dispute Settlement Body,which can only reject the report by consensus.Panel lists for each case can be chosen from a permanent list of well-qualified candidates,or from elsewhere.They serve in their individual ca
19、pacities.They cannot receive instructions from any government.The panels final report should normally be given to the parties to the dispute within six months.In cases of urgency,including those concerning perishable goods,the deadline is shortened to three months.Third stage is appeals.Either side
20、can appeal a panels ruling.Sometimes both sides do so.Appeals have to be based on points of law such as legal interpretation they cannot reexamine existing evidence or examine new issues.Each appeal is heard by three members of a permanent seven-member Appellate Body set up by the Dispute Settlement
21、 Body and broadly representing the range of WTO membership.Members of the Appellate Body have four-year terms.They have to be individuals with recognized standing in the field of law and international trade,not affiliated with any government.The appeal can uphold,modify or reverse the panels legal f
22、indings and conclusions.Normally appeals should not last more than 60 days,with an absolute maximum of 90 days.The Dispute Settlement Body has to accept or reject the appeals report within 30 days and rejection is only possible by consensus.In any case,the Dispute Settlement Body monitors how adopte
23、d rulings are implemented.Any outstanding case remains on its agenda until the issue is resolved.Language points Uruguay Round Agreement 乌拉圭回合谈判协定。1986年9月在乌拉圭的埃斯特角城举行了关贸总协定部长级会议，决定进行一场旨在全面改革多边贸易体制的新一轮谈判，故命名为“乌拉圭回合”谈判。这是迄今为止最大的一次贸易谈判，历时7年半，于1994年4月在摩洛哥的马拉喀什结束。谈判几乎涉及所有贸易。参加方从最初的103个，增至谈判结束时的125个。创立了WT
24、O并将关贸总协定的基本原则延伸至服务贸易和知识产权，达成了服务贸易总协定和与贸易有关的知识产权协定。修改和完善了解决争端的规则，其中有些措施是立即实施的。Language points General Agreement on Tariffs and Trade(GATT)GATT关税及贸易总协定(简称“关贸总协定”)，是关于关税和贸易准则的多边国际协定和组织。从1996年1月1日起，由世界贸易组织(World Trade Organization-WTO)取代关贸总协定。Language points WTO-World Trade Organization 世界贸易组织于1996年1月1日
25、建立，取代关贸总协定。WTO是一个国际性的贸易组织，其成立的目的就在于要公平，公正的处理各国贸易活动中所发生的争端，建立平等互利的健康国际贸易秩序。Language points multilateral -adj.concerning or including more than two groups or nations 多边的,多国的 e.g.multilateral trade:(同时与数国进行交易之)多边贸易 e.g.multilateral negotiations:多边谈判 Language points violate -v.disregard or act against(s
26、omething solemnly promised,accepted as right or legal,etc.)违背,违反 e.g.violate the law 违犯法律 e.g.violate the speed limit 违反速度限制 Language points consultation-n.a meeting for talking over something C 商谈；商议；会诊 e.g.The rate of interest may be arranged by consultation.利率可 以通过协商解决。e.g.We held a consultation
27、with Mr.Li.我们同李先生商谈。Language points panel -n.C(在讨论会、座谈会等所预定的)讨论小组;(特定问题的)研究小组,小组委员会 e.g.a panel of experts/advisor 专门委员会 e.g.What does the panel think?专题讨论小组有何意见？Language points appeal -n./v.a formal request to a higher law court to change the decision of a lower court【法律】上诉 a court of appeal 上诉法庭 a
28、 direct appeal 直接上诉 lodge enter an appeal 提出上诉 Language points comply with-vi.(comply with)act in accordance to(a request or a command)遵照（请求或命令）而做；服从 e.g.He refused to comply.他拒绝服从。e.g.You must comply with the library rules.你必须遵守图书馆的规则。e.g.Your request has been complied with.你的要求已经照办。Language points
29、 abide-v.to obey exactly or remain faithful to(law,promises,etc.)遵从 e.g.If you join the club you must abide by its rules.你如果参加俱乐部，就必须遵守它的规章。e.g.abide by a treaty 信守条约 Language points retaliation-n.action to someone who has cone something bad to you 报复，反击 e.g.a tax imposed in retaliation for their im
30、por restrictions 为报复他们限制进口而征收的税 e.g.The government decided against military retaliation for the terrorist attack.政府决定不对恐怖分子进行军事报复。Language points enforce-vt.to cause(a rule or law)to be obeyed or carried out effectively 实施,施行 enforce a law 执行法律 enforce obedience 迫使服从 Language points dispute-v.argue
31、about sth.争论，争执 e.g.They dispute the statement.他们对声明表示怀疑。-vt.disagree with;doubt the truth of 质疑，认为不是事实 e.g.He disputed the truth of the statement.他就供词的真实性提出质疑。Language points perishable-adj.(esp.of food)likely to decay quickly if not kept in proper conditions 易坏的 e.g.perishable goods 易腐烂，易变质食物I.Ans
32、wer the following questions based on the text.1.Why do we say settling dispute is the WTOs unique contribution?Dispute settlement is the central pillar of the multilateral trading system,and the WTOs unique contribution to the stability of the global economy.WTOs procedure enhances the rule of law,a
33、nd it makes the trading system more secure and predictable.The system is based on clearly-defined rules,with timetables for completing a case.First rulings are made by a panel and endorsed(or rejected)by the WTOs full membership.Appeals based on points of law are possible.I.Answer the following ques
34、tions based on the text.2.What are the principles the DSB should obey to settle the dispute?Principles that WTO follows in settling dispute are equitable,fast,effective,and mutually acceptable.I.Answer the following questions based on the text.3.How long does DSB to settle a dispute?1 year(without a
35、ppeal),1 year and 3 months(with appeal)I.Answer the following questions based on the text.4.How are disputes settled by DBS?The First stage for settling disputes is consultation.The Second stage involves the panel.The third stage is appeals.In any case,the Dispute Settlement Body monitors how adopte
36、d rulings are implemented.Any outstanding case remains on its agenda until the issue is resolved.I.Answer the following questions based on the text.5.What responsibilities does the panel take?Officially,the panel is helping the Dispute Settlement Body make rulings or recommendations.But because the
37、panels report can only be rejected by consensus in the Dispute Settlement Body,its conclusions are difficult to overturn.The panels findings have to be based on the agreements cited.II.Read the following terms and match each with its proper definition.1.abide a.a court of people officially appointed
38、 to deal with special matters2.enforce b.(esp.of food)likely to decay quickly if not kept in proper conditions3.violate c.concerning or including more than two groups or nations4.appeal d.a meeting held to exchange opinions and ideas so that a decision can be made5.consultatione.to cause(a rule or l
39、aw)to be obeyed or carried out effectively6.perishable f.the quality or state of being stable7.multilateral g.to obey exactly or remain faithful to(laws,promises,)8.stability h.to formally ask a higher law court to change the decision of a lower court9.dispute i.an argument or quarrel,esp,an officia
40、l one between one group or organization and another10.tribunalj.disregard or act against(something solemnly promised,accepted as right or legal,etc.)1.g 2.e 3.j 4.h 5.d 6.b 7.c 8.f 9.i 10.aIII.Translate the following passage into Chinese1.Dispute settlement is the central pillar of the multilateral
41、trading system,and the WTOs unique contribution to the stability of the global economy.2.A dispute arises when one country adopts a trade policy measure or takes some action that one or more fellow-WTO members considers to be breaking the WTO agreements,or to be a failure to live up to obligations.3
42、.The agreed time limits are flexible,and if the case is considered urgent(e.g.if perishable goods are involved),it is accelerated as much as possible.4.Settling disputes is the responsibility of the Dispute Settlement Body(the General Council in another guise),which consists of all WTO members.5.Off
43、icially,the panel is helping the Dispute Settlement Body make rulings or recommendations.1.解决争端的规则是多边贸易体制的核心，也是世界贸易组织对全球经济稳定 的独特贡献.2.当某国采取一项贸易政策或行动，使得一个或几个WTO成员国认为该国违反WTO的协定或未履行义务，这就产生了争端.3.达成一致的时间限制是有弹性的,若情况被认为是紧迫的(如涉及易腐坏货物)，解决争端的时间会尽可能加速。4.解决争端是DSB(争端解决机构)的根本职责，它含盖所有世贸组织成员国的争端问题。5.专题讨论小组是需要协助DSB（争
44、端解决机构）制定规则，提出建议。IVPut the following sentences into English:1.世界贸易组织是处理全球国际贸易的世界组织。The WTO is a global organization dealing with international trade.IVPut the following sentences into English:2.国际贸易中经常发生贸易争端现象。Business disputes occur frequently in international trade.IVPut the following sentences int
45、o English:3.随著国际经济贸易交往的日益频繁，使用国际商事仲裁的方法解决国际贸易、投资、知识产权等领域的纠纷也日益增多。Along with the growth of international business and exchange,cases requiring international arbitration to solve dispute arising from international trade,investment,and the intellectual property are increasing.IVPut the following senten
46、ces into English:4.国与国之间的贸易纠纷应当和平解决。Business disputes between countries should be settled peacefully.IVPut the following sentences into English:5.世贸组织提供了一种解决贸易争端的机制。The WTO provides a mechanism for solving trade disputes.Fast Reading I Integrated Negotiation Integrative bargaining(also called“intere
47、st-based bargaining”or“win-win bargaining”)is a negotiation strategy in which parties collaborate to find a“win-win solution to their dispute.This strategy focuses on mutually beneficial agreements based on the interests of the disputants.Interests include the needs,desires,concerns,and fears import
48、ant to each side.They are the underlying reasons why people become involved in a conflict.Potential for integration only exists when there are multiple issues involved in the negotiation.This is because the parties must be able to make trade-offs across issues in order for both sides to be satisfied
49、 with the outcome.The classic example of interest-based negotiation and creating joint value is that of a dispute between two little girls over an orange.Both girls take the position that they want the whole orange.Their mother serves as the moderator of the dispute and based on their positions,cuts
50、 the orange in half and gives each girl one half.The outcome represents a compromise.However,if the mother had asked each of the girls why she wanted the orange-what her interests were-there could have been a different win-win outcome.This is because one girl wanted to eat the meat of the orange,but
