Dispute Settlement Mechanism Reforms and China's Proposal Taking 'Right' as a Keystone

摘要

If the DSM is called a "jewel on the crown of the WTO", there are visible flaws inside the jewel. The Members have sponsored a series of proposals designed to improve the DSM, which directly relate to the rectification of the DSU. However, some specific suggestions on the reforms of provisions under the DSU, conflict with each other. The Members have so far not reached a consensual agreement on the negotiations of DSU amendments. So, the General Council had no alternative but to agree to extend the negotiations to 31 May 2004. In fact, the Chairman's Text is the convergence of these proposals. It may be concluded therefrom that the proposed amendments and modifications of the DSU are concentrated on, inter alia, four areas, including (ⅰ) transparency; (ⅱ) prompt settlement of disputes; (ⅲ) protection of the interests of developing country Members; and (ⅳ) implementation of the recommendations and rulings of the DSB. Further, these reforms to the DSU also centrally concern three drafted additional proceedings, i.e., remand Panel proceedings, compliance Panel proceedings and the proceedings of interim reviews of Appellate Body reports. However, these proceedings will inevitably prolong the procedures of dispute settlement. It seems clear that perfecting the DSM rules is essential, while the prior choice does not rest with the ever-detailed provisions of the DSU. Such measures as improving transparency, expanding public participation, strengthening Appellate Body reports, creating the rules for amicus curiae submissions and so on, do still not tackle all of the issues under the current DSM, although any effort taken to achieve a well-functioning DSM shall be encouraged. In that event, China's proposals deserve further attention.