A Study On Judicial Activism In WTO

Since the World Trade Organization (WTO) substituted General Agreement on Tariffs and Trade (GATT) of1994, one of the most important outcomes of Uruguay Round Negotiation is WTO dispute settlement body (DSB).At present,153members are limited to this body, which indicates that DSB has already become the most influential institution in solving trade disputes. However, in recent years, judicial activism presented in some WTO Appellate Body decisions has raised great concerns and criticism from WTO members and scholars. As a result, it is extremely necessary to make clear the definition, embodiment and causes of judicial activism so that we can find an effective way to deal with this phenomenon. Besides preclude and conclusion, the dissertation consists of six chapters.In preclude, the author introduces the context of the research, the object of the research and the significance of the research.Chapter one introduces the general concept of judicial activism and its historical resources, and makes a comparison with judicial restraint.Chapter two explains the clear definition of judicial activism in DSB and talks about WTO judicial interpretation philosophy.Chapter three expounds the main performance of judicial activism in WTO dispute settlement----the issue of Amicus curiae. The author lists three examples to discuss its development and value in DSB, Shrimp-turtle case, European Communities—Asbestos case, Hot-rolled lead and bismuth carbon steel products countervailing case.Chapter four takes a jurisprudence research on judicial activism in WTO. It mainly analyzes the judicial independence of DSB, the principles of WTO judicial interpretation and the roots of judicial activism in the practice of WTO dispute settlement.Chapter five offers the limiting elements for expansion of judicial activism in WTO. Chapter six reveals the harmfulness of judicial activism, and puts forward effective ways to prevent judicial activism for China. The author calls on WTO members, WTO panels and Appellate Body to work together to make contributions for judicial restraint in WTO dispute settlement.