Research On Judicial Economic Principles Of WTO Dispute Settlement

Since the establishment in1995, the WTO Dispute Settlement Mechanism hasgone through17years of development, during which there are435cases to the WTOdispute settlement mechanism. With the continuous and widespread development ofChinese trade, trade disputes are increasing. Since China’s accession to the WTO, of the40cases submitted to the WTO dispute settlement mechanism,11cases as thecomplainant,29cases as the defendant.WTO dispute settlement mechanism isacademically considered as the " WTO crown jewel" which is because it is quasi-judicial,but as the international disputes symbol by " rights orientation " to "rules orientation "transition type, problems in the process of disputes to deal with by experts and appellatebody still exist. The principle of judicial economy is transplanted in the domestic legalsystem, which is gradually improved and developed by WTO dispute settlementmechanism in practice. Application of the principle of judicial economy in the panel andin the process of the appellate body to deal with disputes has its economic and politicalreasons. Therefore, in-depth study of the principle of judicial economy has a realisticsignificance on China’s participation in WTO dispute settlement, avoiding its adverseimpact on China.This thesis makes a scientific analysis on the principle of judicial economyapplicable in WTO dispute resolution in practice, and it is divided into four parts.The first part is an overview of the principle of judicial economy. Starting from theconcept of the principle of judicial economy, it covers systematic analysis of the principleof judicial economy origins and characteristics, expounding of the origin of the principleof judicial economy, and analyzes the relationship between the principle of judicialeconomy and judicial restraint and judicial activism.The second part is abut the application of the principle of judicial economy, as thesolution to the WTO dispute. By the analysis of the principle of judicial economy inWTO dispute settlement mechanism,it gets feasibility and necessity in practice in thedispute.The third part is about the problems for the principle of judicial economy as the solution to the WTO dispute. Through the case of erroneous application of the principleof judicial economy by the WTO dispute settlement, combined with the limitation of theprinciple of judicial economy itself, it finds the existing problems, and analyzes the errorfor the consequences, and to find a solution.The fourth part is the analysis of the practice of China’s participation in the WTOdispute settlement for the principle of judicial economy, the adverse effects brought toChina, and find out the Countermeasures for china.