The Judicial Activism In WTO Dispute Settlement Organization

There is a lot discontent from the members that aimed at the judicial activism of expert group and appeal institution in dispute settlement, though it has played a huge role before. With the further progress of the global integration and development of the world economic, the kinds of the disputes in WTO Dispute Settlement Organization tend to more complex, many disputes seems as the trade relate to the environment protection, labor rights guarantee, and so on. During the disputes resolving of the WTO Dispute Settlement Organization, many organizations that have no direct interest association with the disputes summit their ideas of reminding the Dispute Settlement Organization to consider the human health, environment protection in the final adjudication to the expert group and the appeal organization. Shall the dispute organization accept the uninvited advice? And consider it in the final adjudication? These questions above bring challenges to the new founded WTO Dispute Settlement Organization.This paper analyzes the role of judicial activism though the analysis of the judicial activism behavior of the expert group and appeal organization in some cases of WTO. Combined with some cases and analyze the reference significance of the explain philosophy of righteousness in WTO disputes settlement to China, it is avail to understand the rules and protect the interests that belongs China. The dialectical view of judicial activism and the quality assessment of the system are not realistic, the essence of law is balance, and we should not only reserve some space for the judicial activism, but also emphasize the constrain function of the judicial restraint.