Anlei Zuo, EU’s Position and Strategy in the Implementation of DSB Rulings

Anlei Zuo, EU’s Position and Strategy in the Implementation of DSB Rulings (April 20, 2013). 11 Present-day Law Science 104 (2013).. Available at SSRN

The implementation of DSB rulings by WTO members to be promptly in compliance with their WTOobligations is an inadequately analyzed aspect of WTO law, and the position and strategy of European Union (EU) is one of the representative case studies. With an overview of the EU’s active participation in the WTOdispute settlement mechanism and a thorough study on the current status of the implementation of those cases with EU as the respondent up to 2013 in 17 categories, it can be concluded that the EU’s implementation of DSB rulings is mainly in three types: effective implementation (17 cases), delayed implementation (9 cases) and non-implementation (6 cases); and EU has its own basic implementation position and attitude towards different kinds of cases (effective implementation, delayed implementation interms of procedure and substance, refusal or disguised refusal to implement). By analyzing EU’s implementation of DS397 ruling (EC — Fasteners (China)) through the modification of EU anti-dumping Council Regulation in 2012, it is concluded that EU always (1) takes good advantage of all those DSB procedures and rights thereof with a seemingly compliant but also pragmatic approach to the implementation DSB reports, (2) maintains the stability of its internal legal system by perfunctory substance to the implementation, (3) leaves sufficient space for trade protectionism in its implementation measures by disguised and delayed implementation, and (4) lays equal stress on both pragmatism and trade liberalism inthe implementation of DSB rulings. All those reveal the structural biases and systematic violence in the existing free trade rhetoric, WTO rules and international trade law that are created and dominated by western countries. China’s learning process of specific legal skills and general utilization of international tradelaw from the European Union, particularly EU’s position and strategy in the implementation of DSB rulingsthereof, is still a long way to go.

 

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