Substantive Justice Of Compensation Reform Of Dispute Settlement Mechanism Of WTO

The bumpy and time-consuming road of Doha Development Agenda represents tough WTO(World Trade Organization) negotiation and the serious competitions between country members especially concerning developing countries and developed countries. The deep reason for so many rounds of negotiations is that developing countries can not get material benefits from the economic globalization and developed countries always try to take advantage of WTO negotiation platform to make trade rules for the sake of their own interests. WTO has made contributions to create a fair and justice international trade environment in the purpose of trade liberalization. However, we can not neglect that the unequal trade liberation makes developing countries fall into the fringes of international trade. If we make a judgment that trade liberalization can promote economic development, then a fair international legal system is the guarantee of healthy and perpetual development of global economy. Any reform of system consists of two parts: evaluation of current system and creation of future system. Therefore, any reform should take these two elements into consideration so as to seek the substantive justice of the system.After reinforcement by WTO, Dispute Settlement Mechanism is recognized as the most effective tool for developing countries to avoid the big pressure from developed countries. Even some scholars consider it as a great historical event which law wins over politics in resolution of international trade disputes. After Many years'practice, we know that optimistic attitude towards DSU (Dispute Settlement Understanding) has been faded away gradually and become a reasonable consideration, how to negotiate with developed countries for our own interests. The reason for members to bring complains to DSB is that they want to get remedies from it. The reality tells us that it's very hard for developing countries to obtain remedies. Current design of remedies system is lack of mechanism to help small developing countries. International Economic Law is experiencing a period which changes its value from formal justice to substantive justice. WTO laws should keep track of and reflect the value of substantive justice. Huge economic gap between developing countries and developed countries need substantive justice to fill in. This article focuses on compensation mechanism of DSU and adds monetary compensation as a choice for developing countries.