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Can DSM of WTO Develop into the World Trade Court?

Author: LinDong
Tutor: ChenLiHu
School: Suzhou University
Course: Legal
Keywords: Juridical property Panel of Experts 301 Clause of USA trade law Great Debate of Sovereignty World Trade Court
CLC: D996.1
Type: Master's thesis
Year: 2003
Downloads: 197
Quote: 2
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Abstract


Called the pearl on the crown, The Dispute Settlement Mechanism(DSM) is the most successful improvement of WTO.DSM has the property of dispute settlement not only by diplomatic means but also by legislative means. The judicial means is the main characteristic of DSM, but the judicial means just shows on appearance and in the procedural respect. Panel of experts shows strongly international judicial characteristic in the procedural respect. Standing Appellate Body is not an appeal court but a legislative review procedure. Compulsory Jurisdiction is the result of agreement between nations. It don’t distinguish with traditional International Court of Justice or International Tribunal in this respect. WTO is not a World Nation which leaps over each nation ’ s sovereignty, but a economic and trade Dispute Settlement Organization on the basis of transferring sovereignty of each country .301 Clause of USA not only indicates the USA’ might in the domain of economic, but also provokes the DSU and the system of WTO ,So "Great Debate Sovereignty" is. The two parts are the great obstacle in the way from the forum to World Trade Court for DSM.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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