De Facto Stare Decisis Change Into De Jure Stare Decisis In WTO

WTO dispute settlement mechanism has made impressive achievements in resolving the disputes of member government, and provides the necessary support and protection for "security and predictability" of international trade. With the legalization of the international community and the justice of the international trade dispute settlement, WTO Dispute Settlement Body (DSB) emergences a new sign when the report is made. DSB increasingly tend to cite view of the prior report and bind by the previous report. In the WTO dispute settlement mechanism, particular procedural and substantive rules have been established, these rules are often cited by Panel and Appellate Body. De facto stare decisis has shaped in the WTO dispute settlement mechanism.However, de jure stare decisis will be instead. Because the drawbacks inherent in de facto stare decisis, determine its not for long. The rationales for implementation of de jure stare decisis are:legitimacy, harmonization and fairness, rectifying the "Calabresi problem", provinding certainty and meeting expectations, increasing transparency and lowing transaction costs.Notwithstanding, changing de facto stare decisis to de jure one is not an easy affair. In addition to ideas for changes, the "WTO Agreement" and the DSU are still modified. Both of the changes have the pros and cons, which choice depends on all WTO Member States. Meanwhile, introducing de jure stare decisis will lead to many problems, such as error reporting is cited as a precedent, increasing the obligations of Civil Law countries, DSB expansion of rights, limited sovereignty. But, aware of these issues as long as their root causes, and develop comprehensive preparedness measures, these problems can be addressed.This stage, DSB has been difficult to solve trade disputes of members in the new environment. Changing de facto stare decisis to de jure one in the WTO dispute settlement mechanism, that the introduction of the principle of stare decisis, will consummate the WTO dispute settlement mechanism and the legal system of global trade.