Study On Judicial Activism In The Dispute Settlement Of WTO

As a historic deal of the Uruguay Round, DSU makes the WTO dispute settlement mechanism more and efficient WTO system has created a series of innovations and a series of significant achievements, all the people consider the desire of the Uruguay Round negotiations is to enable the DSB into a"world trade court", but it is not as simple as that. WTO treaty as a result of some vague, blank, gaps, so that the panels and the Appellate Body have a lot of Discretionary power in the application of the law and legal interpretation.The famous machine-made scholar, Peter Siman Ernst-Urich Perersman the WTO dispute is resolved fits: "The most innovative feature of the WTO dispute settlement mechanism is the Appellate Body of World Trade Organization. "In the organizational structure of WTO dispute settlement mechanism, the appeal review process set up so that the Appellate Body Dominant in the entire WTO dispute settlement, because many cases will be appealed to the Appellate Body, on the fact Appellate Body usually recommendate, modify, add or even to overthrow most of the content of reports of the Panels. Even when the report of the Panels that will be unchanged, but the application of the law or the reasoning may be a complete change in the Appellate Body. Therefore, the Appellate Body in this paper is main to explain the rules of interpretion and review of standards, WTO dispute settlement mechanism set out in the operation of which the existence of judicial activism. We should see the Appellate Body itself has the Positive, but also the Appellate Body has some constraints, namely the development of material things on the relationship of the absolute dependence and relative initiative.The issue of judicial activism related to the legitimacy of WTO dispute settlement mechanism and a bearing on the trust of members to the WTO dispute settlement mechanism of the WTO trading system. With the further reduction of tariffs, trade remedies to be one of a handful of ways members how to protect domestic industries. The WTO Dispute Settlement Body in trade remedy disputes the decision made by the members is directly related to the ability to trade protection, so this area of dispute settlement is concerned.This article is developed in five parts except the preamble and conclusion:Chapter1: the theoretical basis, meaning and the concept of borders for the WTOjudicial activism and the background of the WTO judicial activism. Describes thestudy of judicial activism on the need and feasibility.Chapter2: analysis of the relationship of the the standards of review and rules ofinterpretion, indicating the similarities and differences between the two, for appellate body below the appraisal analysis judicial activism. The rules of interpretion and standard of review on appeal is the appellate body in the trial is bound to-use tools, they are able to fully reflect the appellate body of judicial activism.Chapter3 and charpter4: the specific Analysis of judicial activism of the Appellate Body in the interpretation of the rules and the standards of review, as well as how to improve and overcome the emerging issues.Conclusion is about summary of how to treat and deal with the judicial activism of the Appellate Body, as well as its practical significance.