Wto Appellate Review Process

WTO Disputes Settlement Procedures are the core of WTO Agreement. Through the establishment of Expert Group Procedures, Appellate and Review Procedures and Executive Procedures , the disputes can be settled well. By the establishment of Appellate Body, review the report from Export Group is a great innovation for the WTO Disputes Settlement Mechanism .Just as a great scholar has ever said"WTO Appellate Body is the most innovating characteristic for WTO Disputes Settlement Mechanism". It helps to avoid and revive the passive complications resulted from almost automatically approving the Expert Group Reports. Since the establishment, many material legal issues have been decided. At the same time, procedures as treaty interpretation, burden of proof, review standard, rights of Expert Group, appealing rights according to GATT 1994 and representative rights for the private lawyer in the WTO Disputes Settlement Mechanism have been defined. It has played a very important and positive role in the settlement of international trade disputes, but undeniably , there is still many limitations existing in itself. This just is the purpose to write this paper, by totally introducing the Appellate and Review Procedures including Appellate Body, analyzing the idiographic cases, the limitations and advantages of the Appellate and Review Procedures have been concluded. According to these, proper advice to improve the procedures is brought forward. Through this paper, I wish some enlightenment be helpful for our nation in the future to participate in the international trade disputes settlement.In the first and second parts of dissertation, a comprehensive description about the Appellate and Review Body and Procedures including its legal characteristics are presented .In the third part, by comparing the ABP to other disputes procedures, then the specific characteristics of ABP itself have been concluded.In the fourth part, presenting the role of ABP in the practice.Finally, in the fifth part, by analyzing the practical cases, concluding the limitations and defects, according to these, proper and reasonable advice is put forward.The most remarkable features of the dissertation consists of :(1) By comparing method to compare the ABP to other disputes settlement procedures, then concluding the same and different characteristics among them, finally presentingthe specific characteristics about ABP.(2) By analyzing the practical cases, finding out the advantages and limitations of ABP and AB(3) According to the limitations of ABP and AB, putting forward the proper and reasonable advice, this can make the paper more significative.