Discussion About The Problem Of Third Party Intervention In The GATT/WTO Dispute Settlement Mechanism

Third party system, which is one of the most important marks between judicial nature and arbitrary nature, plays a significant role in the WTO dispute settlement mechanism. Since GATT belongs to "the type of power" on the whole, disputes were settled more by the diplomatic method at the beginning of its foundation; thus, it hardly involved the problem of third party. However, with the development of the practice, GATT dispute settlement proceedings are more and more judicial. "The Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance" and "The 1989 Improvements to the GATT Dispute Settlement Rules and Procedures" were produced. These two documents both include some rules on third party intervention. At the end of the Uruguay Round of Multilateral Trade Negotiations, the Dispute Settlement Understanding (DSU) was adopted. The DSU includes more detailed rules on third party intervention than the former documents, but there are many narrow and vague aspects that were found when the panel used the rules to adjudicate a case. Enhancing the rights of third party has become a trend in the WTO practice. When the panel deals with a case related to the intervention of third party, it often exercises its discretion to grant more enhanced rights to third party than specific rules. From the comparative analysis of the rules themselves, rights of intervention that the DSU grants third party are much less than the Statute of the Court, the Rules of the Court and NAFTA. The development of the WTO practice and theory need to reform third party system in the WTO dispute settlement mechanism and enhance the rights of third party.At the Doha Ministerial Conference, many member governments call on reforming third party system. Under the background of improving the DSU, the reformation of third party system should be carried out with that of related systems in the WTO dispute settlement mechanism. That will result in good effects. Third party system is of importance to China, and we should have a deep research and make good use of it in order to maintain the interests of our country.