Third-party System Of. WTO Dispute Settlement Procedures

This paper mainly discuss on the subject of Third Party in WTO dispute settlement procedure.In the System of WTO, if one of WTO members other than the complaint and respondent considers the case on which DSB is concentrating involves its interest, it is entitled to claim its right and interest relating to the mentioned case and intervene in the settlement of the dispute in accordance with the documents such as DSU. It is called "Third Party in WTO dispute settlement procedure". In fact, both the idea and the system of Third Party's intervention already exist in the domestic as well as the international judicial system before GATT/WTO, "Third Person in domestic civil proceeding" and "Third State in International Court of Justice" are two good examples in this respect. However, the "Third Party in WTO dispute settlement procedure" is the pinnacle of the development of the idea and system of Third Party, which exceeds the latter two not only in system predominance and also in practice superiority. It is still to be clarified in the practice of Third Party in the stipulations regarding Third Party in the consultation procedure > panel procedure and appellate procedure. Further, the system of Third Party shall especially attach great importance on the connection between the system itself and the protection of interest of the developing countries. China has intervened in more than 20 cases relating to the settlement of dispute in the WTO as Third Party. Although the practice can benefit China, China shall continue to develop the intervening practice, further the exertion of third party's right, actively quote the stipulations of WTO documents in favor of us, and require the enhancement of Third Party's right in the reviewing negotiations of Doha round as well.