On The Improvement Of Legislative Decision-making Mechanism Of The WTO

At the Ninth Ministerial Conference, held in Bali, Indonesia, ministers adopted the "Bali Package". It broke the deadlock 12 years since the Doha Round negotiations started in 2001, and rescue the multilateral trading system in a failed edge. Great efficiency contrast between the legislative decision-making mechanism and the dispute settlement mechanism of WTO cause all WTO members and academic attention and research. This article aims to base on the successful negotiation of the Ninth Ministerial Meeting to re-examine the WTO legislative decision-making mechanism including its formation, problems and existing reform path, and propose proposals to improve WTO legislative decision-making mechanism to make it play a greater role in the process of economic globalization.The first part introduces the basic overview of the legislative decision-making mechanism of the WTO. First, from the perspective of history, analysis of the inevitability of "consensus" principle as legislative decision-making mechanism. Elaborating legislation making system of ITO Charter, GATT and the WTO Agreement. Secondly, this part interpret the legislative decision-making mechanism of the WTO of the "WTO Agreement" based on the economic theory of comparative advantage.The second part focuses on the problems of legislative decision-making mechanism. First, the article analysis the origin of these problems, including the contrast between the Yalta system and globalization realistic, the gap between sovereign equality and economic strength inequality, the contrast between WTO "club model" and increasing in membership, the gap between developing countries inadequate participation and WTO laws strengthened. The problem specifically manifested as low decision-making efficiency, lack of transparency, developing countries and the NGOs inadequate participation.The third part introduce the existing advices on WTO-related legislative decision-making mechanism based on the method of comparative study. Including the book "WTO’s future", different theoretical perspectives and some scholars suggested reforms about Green Room meeting, and WTO Director-General and the Secretariat reforms. By improving the existing research and review the recommendations, make the foundations for the fourth part.The fourth part as the core of this paper discusses the improve vision of legislative decision-making mechanism of the WTO. Considering the current situation, To propose comprehensive scheme immediately to the WTO decision-making mechanism is not possible. We should get help from Constitution trend of the WTO law in the field of international trade, expanding the influence of Constitutional to improve decision-making mechanism of the WTO. In detail, We should uphold the constitutional principles and make full use of existing mechanisms, to set up an advisory committee and improve the Director General and the Secretariat’s mandate. Besides, We should improve related systems about the NGOs participating in WTO decisions.