Constructing A Remand Procedure In WTO Dispute Settlement

Absence of a remand procedure in Dispute Settlement of World Trade Organization causes a dilemma in practice-When the Appellate Body overrules a panel, should it decide the case for itself or let the panel re-examine the case? The Appellate Body has developded a skill of completing the analysis. However, as much as completing the analysis has raised some concerns, not completing the analysis equally raises problems. So some WTO members have conducted several remand proposals, which urges fierce discussions, for the purpose of review the Dispute Settlement Understanding.Firstly, the sutdy points out the design flaw, lack of a remand procedure, in appeal procedure in WTO Dipute Settlement. Then discusses the dillema causes by the flaw, and analyses the deficit of completing or not completing the analysis by AB. Sencondly, analyses some related concerns on remand procedure, such as wether it will causes delay and other defects in dispute settlement and so on. Thirdly, gives some detail suggestions, which based on analysing some remand proposals, on remand procedure. At last, the study also provides some suggestions in a perspective of China which advises that Chinese Government should holds an positive attitude toward remand proposal and could take part in the process of Reviewing the DSU.