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Study On Third Party Participation In WTO Dispute Settlement

Posted on:2009-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhengFull Text:PDF
GTID:2166360272490927Subject:International Law
Abstract/Summary:PDF Full Text Request
Third party participation in WTO Dispute Settlement arose from the practices of dispute settlement cases. Then the theory of the third party participation is developed. For WTO members, participating in dispute settlement as third parties can protect the interests which came from the application of WTO regulations and also can take part in accelerating the development of WTO system.Third party participation is not the particular system of WTO Dispute Settlement. There is third party in litigation in domestic law and also the third country in ICJ. The basic theory of them is the due process, which requires the protection of the interests of a third party who is not the parties of the dispute and offer fair opportunities to make statement before the tribunal with the power to decide the case.In the system of WTO, the disputes among certain members maybe affect the interests of the other parties because of the big extent of economic connections among WTO members. Allowance of participation of third parties became important. Furthermore, the explanation and application of certain agreements under WTO by the panel or the appellate body in dispute settlement procedures will make potential effect to WTO system. Therefore, participation in the dispute settlement as third parties also can maintain and promote the development of WTO.As a country which has big trade in the world, China should use the third party participation more actively, which can make us learn to use and understand the rules of WTO quickly and train the WTO legal experts. Furthermore, we can gather experiences about WTO law and dealing with WTO cases too.The article discussed the history and development of the third party participation in WTO/GATT system in a way of comparative research and case study, analyzing the characters under the GATT system and the problems under the WTO system. In conclusion, some simple suggestions about the reformation of the third party participation are given by author.
Keywords/Search Tags:WTO Dispute Settlement System, Third party, participation
PDF Full Text Request
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