Judicial Activism In WTO Dispute Settlement

As " the most effective dispute settlement body ", World Trade Organization (hereinafter WTO) Dispute Settlement Body gets widespread concerns from the international community. In recent years, scholars pay more attentions to judicial activism in WTO Dispute Settlement Body and have done a lot of research. It not only has great significance on improving WTO Dispute Settlement System, but also it can analyze the impact to WTO Dispute Settlement and forecast the evolutionary trend better.This paper considers judicial activism phenomenon in WTO Dispute Settlement is transitional at present. In the long term, judicial activism is undesirable.Besides Preface and Conclusion, the article is divided into four parts.Chapter one summarizes judicial activism. It introduces the general concept of judicial activism in the domestic law and in the internal level. It explains the meaning of judicial activism in different countries and in the practices of WTO/GATT Dispute Settlement. It analyzes the rationality of judicial activism in the domestic law.Chapter two analyzes the reasons of judicial activism in the practices of WTO Dispute Settlement. First, This paper analyzes the reasons of WTO rules and regulations; Second, It analyzes the reasons of WTO Dispute Settlement Body; Finally, It analyzes the impact of common law.Chapter three expounds the main performance of judicial activism in the practices of WTO Dispute Settlement. Mainly, it is the issue of Amicus Curiae and the introduction of value of non-trade.Chapter four analyzes the crisis and a probable development of judicial activism in WTO Dispute Settlement. The crisis of judicial activism in WTO Dispute Settlement manifests as follows: (1) Inconsistent with the goal and value of WTO; (2) Inconsistent with the nature of WTO treaty; (3) Conflict with the principle of national sovereignty; (4) Expose the bias of the powerful country; (5) Damage the institutional balance of WTO. On this basis, This paper doesn't think that the two concept of judicial activism and judicial activity are different. Judicial activism is undesirable. At present, Judicial activism in WTO Dispute Settlement is transitional. In the long term, statutory law should be finally trend in WTO.