Research On The Scope Of Appealant Review Of DSM In The WTO

Among the active world economic organizations on today 's world stage, the DSM of WTO is influential ,with its novel and unique resolution, approved successfully after many year's operation. The reason of its success in practice is the existence of Appellate Body(AB) review Appealing Review Procedure Dispute Settlement Body of WTO establish the procedure of Appealing Review Procedure, which has far-reaching influence creation on Intentional Law, and also shows the legitimacy, which not only ensure the legitimacy of the panel 's report, but also defend and promote the unity of WTO Law.The aim of setting up an institution is for good purpose, whatever, in complex reality, it will face challenge, so does the DSM of WTO, after a long time's operation, its intrinsic drawbacks become obvious, especially the illegal in the scope of review of Appellate Body could be said already arose some chops to some extent, the main content of the thesis is studying the shortcake, and give some personal advices to deal with them. The thesis divided into following five parts, except the introduction and the concluding remarks:First. The basic theory of Appealing Review of the DSM of WTO. The author gives a general introduction of the forming and basic components of the DSM of WTO, including the reason of setting up this institution, the members and its contents, the responsibility and right of the Appellate Body, at the same time, confirming the procedures of Appealing Review is the inevitable results of improvement of it in the development of history, so we can know the procedure better.Second. The basic theory of the scope of the Appealing Review .At the beginning of part two, the author discuss the reasons why to establish the scope of the Appealing Body, then, decode the clauses of the scope, and at the end of this part expound how to deal with the conclusion of the panel, this section is the main content of the thesis, the following contents are all extended from this part.Third. Analyzing the authentic proof. In this part, the author shows the cases that the Appellate Body has heard, including the EC Hormone, US Upland Cotton case, and Chile-Alcoholic Beverages, the above cases show the weaknesses of the scope ,the most classic case is the EC measures concerning meat and products, in this case, the Appellate Body set the standards for how to define the law and facts . Fourth. The limitation of the scope of the Appealing Review of the Appellate Body .The author shows the shortnesses of the scope of the Appealing Review, such as the limitation of reviewing scope, and the Appellate Body only has the power to explain the clauses of legal problems and the panel's report ,there is no standard to distinguish law and facts ,The legal problems are not included in the panel's reports.Fifth. The suggestions of how to improve the DSM of WTO,. In this part, the author shows some measures to resolve the exist problems of the DSM of WTO. Such as the Appellate Body should be given remand power on basis of investigating part of the factual issues, the Appellate Body should be given the power to investigate the factual issues that the panel does not mention in the report, the Appellate Body should be given the power to investigate the rational of the appeal and other problems.