The Research and Reform on the Defects of WTO Panel Procedure

Yuhao Guan

doi:10.54254/2753-7048/12/20230779

Research Article

Open access

Published on 26 October 2023

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Guan,Y. (2023). The Research and Reform on the Defects of WTO Panel Procedure. Lecture Notes in Education Psychology and Public Media,12,58-63.

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The Research and Reform on the Defects of WTO Panel Procedure

Yuhao Guan *^,1,

¹ Ocean University of China

* Author to whom correspondence should be addressed.

https://doi.org/10.54254/2753-7048/12/20230779

Abstract

The WTO panel procedure is integral to the WTO dispute settlement mechanism. While playing its unique role, the panel procedure of WTO also faces many challenges and needs to be reformed to adapt to the development of economic society. To consolidate its legitimacy and improve the authority of the panel procedure in the dispute settlement mechanism, active adjustments, and reforms should be made in the selection of panel members and the transparency of the panel procedure. And we need to properly handle the relationship between the panel procedure and Appellate body, which is embodied in the fact that we can set up a standing panel to solve various contradictions in reality. Through reform, the WTO panel procedure can play its unique role in a more scientific and sustainable state, maintain fairness and promote cooperation to a large extent.

Keywords

WTO, dispute settlement mechanism, panel, transparency

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References

[1]. Sarooshi. (2005). The Future of the WTO and Its Dispute Settlement System. International Organizations Law Review, 2(1), 129–152.

[2]. YU Peng. (2019). WTO Dispute Settlement Mechanism Crisis: Reasons, Progress and Prospects. Intertrade (05),10-18.

[3]. Chen. (2015). WTO’s Transparency Principle and China’s Value Orientation of E-Government. Transnational Corporations Review, 7(2), 223–231.

[4]. Zhang Xianglan & Tian Liao. (2013). A Study on the Transparency in the Dispute Settlement System of WTO. Wuhan University Journal (Philosophy and Social Sciences) (03),47-52+128.

[5]. Fudali. (2002). A Critical Analysis of the WTO Dispute Settlement Mechanism: Its temporary Functionality and Prospects. Netherlands International Law Review, 49(1), 39–80.

[6]. Cottier. (2020). Recalibrating the WTO Dispute Settlement System: Strengthening the Panel Stage. https://www.cigionline.org/articles/recalibrating-wto-dispute-settlement-system-strengthening-panel-stage/

[7]. WTO, ‘WTO Bodies involved in the dispute settlement process 3.4 Appellate Body’, https://www.wto.org/english/tratop_e/dispu_e/disp_settlement_cbt_e/c3s4p1_e.htm

[8]. WTO, https://www.wto.org/english/tratop_e/dispu_e/stats_e.htm

[9]. WTO, ‘WTO Bodies involved in the dispute settlement process 3.3 Panels’, https://www.wto.org/english/tratop_e/dispu_e/disp_settlement_cbt_e/c3s3p1_e.htm

[10]. Cottier. (2003). The WTO Permanent Panel Body: a Bridge Too Far? Journal of International Economic Law, 6(1), 187–202.

[11]. Commission of the European Communities, Discussion Paper: Review of the Dispute Settlement Understanding, 21 October 1998, issue 9.

Cite this article

Guan,Y. (2023). The Research and Reform on the Defects of WTO Panel Procedure. Lecture Notes in Education Psychology and Public Media,12,58-63.

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About volume

Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries

Conference website: https://www.iceipi.org/

ISBN：978-1-83558-049-3(Print) / 978-1-83558-050-9(Online)

Conference date: 7 August 2023

Editor：Javier Cifuentes-Faura, Enrique Mallen

Series: Lecture Notes in Education Psychology and Public Media

Volume number: Vol.12

ISSN：2753-7048(Print) / 2753-7056(Online)

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