Research On The Third Party In WTO Dispute Settlement Mechanism

ABSTRACT:The third party participation is a distinctive system in WTO dispute settlement, it was been used frequently. The third-party system is very important in the WTO dispute settlement mechanism. The third party participation can promote an equitable solution to the dispute, can protect the interests of all WTO members and can carry out the purposes and objectives of WTO, but there are many narrow and vague aspects that were found when the panel used the rules to adjudicate a case, such as the qualification about how enter an Consultation, the time when can join in an panel and what status accord with Appellate Body documents. Enhancing the rights of third party has become a trend in the WTO practice. When the panel deals a case related to the intervention of third party, it often exercises its discretion to grant more enhanced rights to third party than specific rules. The development of the WTO practice and theory need to reform third party system in the WTO dispute settlement mechanism and enhance the rights of third patty. These Problems may hinder it's development. Some scholars introduced the fights of the third parties course of historical development, analysis, as well as of the existing problems, through which they put forward their own proposals. Of course, some scholars, on some of the provisions of the rights of the third parties, conducted in—depth researches, which are mainly based on the literature of these arches about the exercise of the fight to participate in a third party to the WTO dispute settlement in cases. The third system is a very important system, SO it is necessary to study. This paper intends to seek redress for solve these problems, in order to get a further development.