Study Of The Issue Of Transparency Of The Wto Dispute Settlement Mechanism

Confidentiality used to be the label of GATT/WTO dispute settlement system. But as the "rule-oriented" principal becoming dominant in WTO, there is a shift of dispute settlement system to a more objective legalistic model, and in turn the issue of transparency calls increasing public awareness. WTO Members, NGOs and the general public demand more effective participation in WTO and timely access to full information regarding ongoing WTO activities, which sets a higher level for the transparency within WTO dispute settlement system and promotes more objective and just results. Specifically, WTO opens a panel proceeding to public for the first time in practice, which indicates its secrecy has been loosened and there is a trend to greater transparency.This article is divided into three parts, including the following issues:Part one first discusses the definition of transparency in WTO dispute settlement mechanism. Then it argues the relation between the nature of WTO dispute settlement mechanism and the issue of transparency, that is: WTO dispute settlement mechanism is a quasi-judicial system, which is the precondition to address the issue of transparency. And at last it explains the value of transparency in the WTO dispute settlement mechanism.Part two examines the transparency issue of dispute settlement mechanism in each proceeding from the point of the openness of proceeding. This part reviews access to documents and meetings in consultation, panel proceeding, appellate proceeding and implementation phase. And finally it points out what feasible steps can be taken towards transparency.Part three discusses relevant issues about transparency within dispute settlement mechanism from the aspect of participation by non-disputants. This part analyzes current provisions and practice on amicus curiae submissions, private counsel's participation in WTO dispute settlement process and the third party system, and examines the relationship between these issues and transparency. Finally it comes to the suggestions on promoting broad participation and greater transparency.