CWR > Volume 7(1); 2021 > Current Development
Research Paper
Published online: March 1, 2021
DOI: http://dx.doi.org/10.14330/cwr.2021.7.1.07
Article 25 as an Alternate Way to Resolve the Crisis of the WTO Dispute Settlement Mechanism: A Chinese Perspective
Abid Shah Jillani & Ximei Wu
Zhengzhou University School of Law
Building No. 12, Phase 4, room 401, Songyuan Dormitory Park, Fengyang Street, District, Zhengzhou, Henan 450001, P.R. China.
Corresponding Author: dr_abidshah@gs.zzu.edu.cn
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
The primary purpose of this research is to propose the solution to the current crisis of the WTO dispute settlement system focusing on Article 25 of the WTO Agreement. The Dispute Settlement Understanding is one of the significant successes of the WTO. Recent years, however, have witnessed the difficulties and challenges facing the multilateral trading system along with rising anti-globalization and trade protectionism. The Appellate Body (AB) has been experiencing an unprecedented crisis of dysfunction mainly due to the US’s boycott of appointing the new members. The WTO Members, including China, have thus proposed various reforms in response to the crisis. However, they have not touched the core demands of the US. Because of the imminent crisis that the AB is about to stop operating, China should take urgent action with other WTO members, consider launching a majority voting program, design and use alternative appeal arbitration, and combine international rules with domestic deepening reforms.
Keywords : Article 25, WTO Agreement, Appellate Body, Dispute Settlement Understanding, GATT, WTO Reform
