The Wto Panel Studies Program

Since the establishment of WTO, the Dispute Settlement System has played a very important role in the field of international trade dispute settlements. As the key process of the Dispute Settlement System, panel procedure has won more and more trust and respect. This article begins with the basic theory of panel procedure, then discusses the quasi-judicial character of the panel proceeding and summarizes its development and advancement compared with GATT. However, the panel procedure is not perfect, it reveals many problems and weaknesses during its operation. This article focuses on several hot issues, such as the analysis of the establishment of panel, the frustration of purpose of the Interim Review, the confusion of burden of proof and arguement on transparency. Then,this article gives attention to the improvement of the above problems. It discusses the feasibility of the Standing Panel Body and the establishment of a new list expert. As to the enhancement of transparency, the third party participation should be guaranteed more rights while restrictions are also needed. Lastly, this article combines with nour practice in panel procedure and the third-party procedure and gives suggestions on the application of panel procedure by China.