The "Judicial Activism" Model About Social Policies Into WTO System

At the impetus of economic globalization, cross-border trade activity has been a lot of individual rights involved in the economic, social and cultural rights and collective human rights ,such as the development,the environment right. However, developing and developed countries have different enormous benefits on the social policies,such as environmental protection, protection of human rights, labor standards. At the initiative of the developed countries and the promotion of non-governmental organizations, environmental protection and human rights protection became the trend of the international community. In response to international hot spots, the Group and the WTO Appellate Body in some reports and recommendations tend to non-trade values, incorporating the social polies into the WTO system by judicial activism. This paper focuses on The"judicial activism"model about social policies into WTO system, divided into four chapters.In the first chapter, this article analyzes the models about the social policies were into WTO system:the Contracting Model and the Legislative Model, and the difficulties they face. This article holds that the standard, that is, the principle of objective existence, as well as the international community's lack of political consultation on the social policies make the Contracting Model difficult. the legislative power of interpretation ,which belongs to Ministerial Conference and General Council, has no corresponding start-up procedures;the adoption of legislative interpretation by "three-quarters majority" is difficult to achieve.the Legislative Model faces a variety of difficulties.In the second chapter, this article starts to analyze the specific reasons and the performances about the Judicial Activism Model. The reasons include the judicial power, the lack of consensus on social policies between the South and the North countries, the Group and the Appellate Body shall not refuse the trial, the legislative power of interpretation exists in name only.This article cites two specific cases: shrimp - turtle case and the EC "hormone beef" case.In the third chapter, this article of have an evaluation analysis of the Judicial Activism Model, believing it is an "inappropriate manner". There are three reasons: Judicial Activism Model triggers moral crisis; Judicial Activism Model lacks of democratic legitimacy; WTO Dispute Settlement Body to resolve issues relating to social policy in the trade dispute should not invoke non-WTO rules.In the fourth chapter, through an analysis about the Judicial Activism Model, this paper put forward to a few programs about the inhibition of such model. This article holds that members can solve trade disputes involving the social policies by consultations. the other, WTO Dispute Settlement Body in the jurisdiction over cases relating to social policies when trade disputes judicial restraint should be maintained. In short, environmental protection, protection of human rights, labor standards and other social policies related to the vital interests of all members, not to mention, both developed and developing countries in this respect is almost impossible to reconcile the existence of a conflict of interest. Therefore, such questions should be left to members of political consultation. The Group and The Appellate Body should avoid these social policy into the WTO system by Judicial Activism during the settlement of disputes.