Paraphrasing　(5th paragraph)

Text

The WTO dispute process is complex, but a simplified version is as follows. The complaining government has a procedural right to secure an independent panel to review its claims and the defendant government's response. The panel will review pleadings, reply briefs, hold an oral hearing, and submit follow-up questions, and reach a decision within six to nine months. When not appealed, this decision is to be adopted by the DSB （which consists of all WTO member governments） unless the governments take a consensus not to adopt （reverse negative consensus）. When appealed on issues of law, the Appellate Body will consider briefs, responding briefs, hold an oral hearing, and then issue a decision within 60 to 90 days. This appellate decision is to be adopted by the DSB unless there is a consensus not to do so. So far, all panel and Appellate Body decisions brought to the DSB have been adopted. Following adoption, defending governments that lose are given a "reasonable" period of time to comply. If the original complaining party believes that compliance has not ensued, it may lodge a DSU Article 21.5 complaint which brings back the original panel to review the quality of compliance. That decision is due in 90 days and may be appealed. Once the appeal is exhausted and if compliance has not ensued, the complaining party may seek authority to "suspend concessions or other obligations" —which is WTO shorthand for retaliation, countermeasure or sanction. Because of an anomaly in DSU rules, the complaining government may seek retaliation first before asking for the non-compliance to be determined. Under current practice, however, the consideration of retaliation does not occur until after an Article 21.5 panel has found continued non-compliance. The complaining government then seeks authority to retaliation at a certain monetary level, and an Article 22.6 arbitration determines what the proper level should be. During this process, the litigating governments can settle, perhaps through trade compensation by the losing government. （No case at that stage has ended by compensation so far.） Once the arbitration is complete, typically within 60 days, the complaining government gains the right to impose trade retaliation on the losing defendant government at the arbitration-set monetary level. The purpose of this retaliation, according to arbitrations, is not to punish but rather to induce compliance. The DSB continues to exercise continuing oversight over a dispute until it is definitively settled. In one case so far, a second Article 21.5 panel was appointed

The main idea of the paragraph

The simplified version of the process of settling a trade dispute goes as follows: the litigating government makes a complaint and secures an independent panel to hear the case; the panel reaches a decision within six to nine months; when not appealed, the decision is adopted unless the governments take a consensus not to adopt; when appealed on issues of law, the Appellate Body will consider briefs, hold an oral hearing, and then issue a decision within 60 to 90 days; the appellate decision is to be adopted by the DSB unless there is a consensus not to do so; following the adoption, the defending government that loses is given a "reasonable" period of time to comply; if the compliance has not ensued, the complaining government may resort to retaliation, which is not meant to punish but rather to induce compliance.

解决贸易纠纷程序的简化了的版本如下：原告政府进行投诉并获得独立小组去审理投诉；小组在六至九个月内做出裁决；如果没有上诉，裁决就被采纳，除非有关政府一致同意不予采纳；如果基于法律提出上诉的话，上诉受理机构将考虑上诉陈述，举行听证会，然后在60至90天内公布裁决；若无反对意见，上诉受理机构的裁决将由争端解决机构采纳；裁决被采纳之后，败诉的被告政府被限定一个“合理”的期限履行世贸组织的规定；如果没有履行规定，上诉政府可以实施报复，报复的目的不是为了惩罚，而是为了使败诉的政府去履行规定。

句子分析

If the original complaining party believes that compliance has not ensued, it may lodge a DSU Article 21.5 complaint which brings back the original panel to review the quality of compliance.

在此句中

　　1）“it may lodge a DSU Article 21.5 complaint”是主句

　　2）“If the original complaining party believes that compliance has not ensued”是条件状语从句，修饰主句中的谓语动词“may lodge”，其中从句“that compliance has not ensued”作动词“believes”的宾语

　　3）限制性定语从句“which brings back the original panel to review the quality of compliance”修饰名词“complaint”

词语解释

DSU Article 21.5 《谅解》的第21.5条款

DSU Article 22.6 《谅解》的第22.6条款

The WTO's "Understanding on Rules and Procedures Governing the Settlement of Disputes" （Dispute Settlement Understanding or DSU） contains detailed steps and timetable for resolving disputes between member governments. It was negotiated during the Uruguay Round, and is a legally-binding agreement committing member governments to settle their disputes in an orderly and multilateral fashion. It is the first such system for settling trade disputes between governments. When the Uruguay Round ended in April 1994 at the Marrakesh （<摩洛哥>马拉喀什） Ministerial Conference （世贸组织马拉喀什部长级会议）, ministers agreed that their governments would complete a full review of this new system by January 1999, and to decide whether to continue, modify or terminate it. During the review several members proposed possible improvements and clarifications to the agreement. But even after extending the review to July 1999, members did not reach an agreed conclusion.

Some terms frequently used in DSU negotiations 一些在DSU谈判中常用的条款

Implementation （DSU Articles 21 & 22） 执行（《谅解》的第21和第22条款）: After the Dispute Settlement Body has adopted the final rulings in a case, the defending country has to implement these rulings by changing or completely removing its trade measure which has been ruled illegal.

Reasonable period of time （DSU Article 21.3） 合理时间（《谅解》的第21.3条款）: If the defending country cannot comply with the rulings immediately, it is given a “reasonable period of time” to implement the rulings. This period of time is either agreed mutually between the two parties, or, failing that, it is decided by an arbitrator. Article 21.3（c） states that a guideline for the arbitrator should be that the reasonable period of time “should not exceed 15 months from the date of adoption”.

Sequencing （DSU Articles 21.5, 22.2, & 22.6）: The word "sequencing （按程序接着采取的步骤）" is shorthand for the procedural steps and time-periods needed to deal with a situation where the complaining country claims that the defending country has not implemented the rulings.

1）Article 21.5 states that where the two parties disagree whether the rulings have been implemented or not, a panel examines the dispute and reports within 90 days.

2）Article 22.2 states that if the defending country fails to implement, the complaining country can ask the Dispute Settlement Body to authorize it to retaliate.

3）Article 22.6 states that, within 30 days from the end of the reasonable period of time for implementation, the Dispute Settlement Body authorizes the complaining country to retaliate.

Determination of compliance （DSU Article 21.5） 确定履约（《谅解》的第21.5条款）: Article 21.5 addresses a situation where the two parties disagree whether the rulings have been implemented or not. It states that such a dispute "shall be decided through recourse to these dispute settlement procedures, including wherever possible resort to the original panel" which has 90 days to report its findings. The panel is referred to as a “compliance panel” — i.e. it examines whether the defending country has complied with the rulings.

Besides referring to "these dispute settlement procedures" and a 90—day panel, Article 21.5 does not specify any other elements or time-periods for determining compliance. However, normal procedures under the Dispute Settlement Understanding also include a 60—day period for consultations, a possibility of two Dispute Settlement Body meetings before a panel is established, a possibility of appeal of the panel findings, and a 2—3 months appeal process — together, they add up to more than 90 days.

Amicus curiae briefs Amicus curiae （<法院的>临时法律顾问） means "friend of the court" or "disinterested adviser".