Research On The Challenges And Reform Direction Of WTO Dispute Settlement Mechanism

The World Trade Organization(WTO)is the authoritative organization and legal basis of the world multilateral trade system.Its rule system is not only the foundation and system guarantee of the development of global market economy,but also the legal and organizational guarantee of economic globalization.No international organization or regional economic and trade organization can replace it.At present,the dispute settlement mechanism of WTO has become the most authoritative and effective part of WTO.As the final decision-making body of trade dispute settlement,the appellate body is known as "the Pearl on the crown of WTO",and its importance is self-evident.However,since May 2016,the United States has first blocked Zhang Sheng and his re-election as a Korean member of the appeals body,and then continued to oppose the start of the selection process for new members of the appeals body.As a result,after December 10,2019,the appeals body was suspended because only one member remained.The US has done so because it has grown dissatisfied with the status quo of the appellate body.The United States believes that its opinions have been ignored by the Appellate Body for a long time,and its own interests cannot be protected by the appellate body,so it takes the opportunity to find a way to prevent the selection of members of the appellate body and force the appellate body and even the WTO to carry out reform,aiming to achieve more supervision and control over the appellate body.In order to make the appellate body get rid of the crisis as soon as possible and continue to perform its appeal function of dispute settlement,China,Canada,the European Union and other countries and international organizations have put forward different plans for the reform of the Appellate Body in response to the queries of the United States.However,these reform plans have not been able to meet the demands of the United States,and the appellate body has finally reached a step that cannot be stopped.At present,in the face of the current situation that the appellate body has been suspended,the corresponding reform plan and countermeasures are urgently needed.Therefore,this paper will take the characteristics of the WTO dispute settlement mechanism and the challenges it is facing as the starting point,and discuss it in five parts,trying to explore the ways to reform it and the measures to postpone the current crisis,trying to make the WTO dispute settlement mechanism rejuvenate,continue to perform the function of trade dispute settlement,and make the WTO dispute settlement mechanism become a member again to resolve trade disputes The preferred channel for.In the first part,the article will introduce the development and evolution of the WTO dispute settlement mechanism and its basic characteristics,so as to put forward a more feasible reform plan on the basis of grasping the mission and basic characteristics of the WTO dispute settlement mechanism;in the second part,the article will elaborate the 'main drawbacks in the operation of the WTO dispute settlement mechanism and analyze the current challenges,so as to make the suggestions put forward later more specific The third part will compare the WTO dispute settlement mechanism with ICSID and ICJ,in order to absorb and draw on the useful experience of other international dispute settlement mechanisms;the fourth part is about the comparative analysis of major countries and international organizations on the reform of WTO dispute settlement mechanism,so as to absorb and draw on the experience of other countries and international organizations The fifth part is to explore the direction of reform and put forward the corresponding countermeasures in view of the current challenges faced by the WTO dispute settlement mechanism.Based on the understanding of the basic characteristics of the WTO dispute settlement mechanism and the current challenges,this paper first uses the comparative analysis method to analyze and study.The first is to compare the WTO dispute settlement mechanism with other international dispute settlement mechanisms,and the second is to compare and analyze the reform plans of the WTO dispute settlement mechanism proposed by various countries.Secondly,by using the method of literature research,this paper analyzes and studies,with a view to absorbing and drawing on the views and Countermeasures of predecessors,and puts forward the following feasible measures to deal with the challenges faced by the current WTO Dispute Settlement Mechanism:first,to enrich the WTO dispute settlement mechanism by using alternative dispute resolution(ADR);second,to further standardize the dispute settlement report and procedures;third,both parties to the dispute can sign the "no appeal" agreement Fourth,the voting procedure for the election of members of the appellate body should be initiated by the members of the United WTO.The significance of this study is to save the WTO Dispute Settlement Mechanism in crisis through a series of measures,and make due efforts to maintain the stability of the multilateral trade system and the prosperity of the world economy.