Wto Dispute Settlement Mechanism Of Decision-making Rules

The "reverse consensus" decision-making rule of WTO dispute settlement mechanism is developing on the basis of the "consensus" decision-making rule of GATT dispute settlement mechanism. First, the use of "reverse consensus" decision-making rule is a treatment for the systemic illness of using "consensus" in GATT dispute settlement mechanism which is that the losing party can block the dispute settlement process resulting in the procedure' s ending without a solution. Since the theory and logic analysis, the use of "reverse consensus" makes the establishment of panels, adoption of panel reports and appellate reports, authorization to suspend concessions or other obligations virtually automatic. It produces the strength of frightening to the dispute members, and raises the efficiency of the dispute settlement. Second, this change of "consensus" rule has a great influence on the standardization of dispute settlement procedure. Since the panel procedure in GATT1947 was more likely conciliatory than judicial method, "reverse consensus" is a turning point in developing to a more judicial mechanism.Through introducing the emergence, content and development of decision-making rules of dispute settlement mechanism in both GATT and WTO, this article analyzes the characteristics of these decision-making rules and reasons and necessaries leading this evolution of the decision-making rule from GATT to WTO. Also through comparing decision-making rules in WTO, IMF and World Bank, analyzes the feasibility and adaptability of such "consensus" rule in WTO. At last, the author gives some views on perfection of the decision-making rule in dispute settlement mechanism of WTO on the basis of analyzing some problems with using such rule in WTO dispute settlement procedure.