Research On Third Parties Of WTO Dispute Settlement Procedures

Third parties’ participation in WTO dispute settlement system is distinguishedfrom other issues in a way that unlike parties to the dispute, third parties can presentviews on the facts and legal aspects of a dispute through written submissions whileassuming no legal responsibilities. The participation by third parties in the disputes isoriginated from the GATT practice and has been codified since the establishment ofWTO. The DSU drew inspiration from the previous GATT practice and the meaningand extent of intervention was addressed and enshrined in specific procedural rules.This article, based on comparative analysis and case study, first identifies theunderlined legal basis of third parties and the differences between third parties andthird persons in PRC court proceedings, intervening nations of International Court ofJustice as well as the Amicus Curia under WTO legal system, and then spots variouslegal issues of third parties on different stages of dispute settlement process on a caseby case basis. At the same time, evolvement history of third parties is also discussed.The rules governing the intervention of third parties in a dispute developedthrough cases. It appears that the role of third parties has developed to be moreprofound than the original drafters had envisaged. The Panels, on the basis of theirArticle12.1of DSU discretion, granted enhanced third parties rights under specialcircumstances. In light of the uncertainty of the extended rights and the transparencyrequirement of the DSU, members increasingly advocate that DSU should be revised to amplify and clarify those rights. The problem is to what extent those rights can beextended. Members have divergent opinions as they have different legal background,economic intention and national interests. Authorized by Doha MinisterialConferences, DSB held several Special Sessions to deal with third party issues. TheChairman’s Texts have also been circulated for further negotiations. This articlefocuses on the2003and2008Chairman’s Text, elaborating the opinions fromdifferent discussion groups and making proposals to third parties rights amendments.As a main trading country, China has actively engaged in the panel and appellatebody process despite of its late entry to the WTO by reserving third party status.China’s participation as a third party is an important tool to improve its understandingof how the dispute settlement mechanism works and influences the interpretation andapplication of WTO rules. By examining the differences of participation betweenChina/developed countries and China/other developing countries, it is advisable thatChina should not miss the opportunities to be a third party in selected disputes with anaim to having its say on the making of WTO rules on the Doha DSU negotiations andsafeguarding the trade interests of developing countries.