Reach Of The Third Party System Of The WTO Dispute Settlement Mechanism

With the accumulation and innovation of the practical experience for half century, on the basis of 22 and 23 article of GATT, the WTO dispute settlement mechanism is established. It is a settlement mechanism for international trade dispute, which is developed, efficient and comparatively equitable. It plays a very important role in solving the world trade dispute. Thus, it was appraised by the Ex-director General of WTO as the Extraordinary Contribution. Comparing to the solving process of dispute during GATT period, it is of more judicature, one of the mechanism that secures stability of multilateral trade system. Among them, a unique system with special value, which is the third party system, attracts the member states to take active role in settling the dispute. It provides with more practicability for trade dispute settlement, with special contribution to development of the dispute settlement mechanism. However, only on principle, DSU stipulate the third party has the right to take part in dispute settlement procedure, therefore, some new law issues come up in the practice, which need to be specified. The member parties of WTO agreed with the necessity of enhancing and developing the third party system. The major content of the subject of WTO dispute settlement mechanism in Doha round is the negotiation of the intervention rule of the third party. Because of big difference among the members, up to now, there is no any achievements of text in line with the adjustment of DSU.Since its entry into WTO, China takes an active role in settlement of dispute, with more than 40 cases that intervened by the third party. In this way, China not only protects its own benefit, but also makes contribution to the development of WTO dispute settlement mechanism. However, some disadvantageous object situations badly prevent China from taking part in the lawsuit as the third party. We should take some counter measures and do some reformation, in order to create a favorable domestic environment for the third party.