Research On The Solution Of WTO Appellate Body’s Operating Dilemma

The impact of the WTO dispute settlement mechanism on the maintenance of international economic and trade rules cannot be underestimated,and it has an important milestone position in the history of the world economic and trade system.In particular,the creation of an appellate body within the dispute settlement mechanism has,from a certain perspective,opened a new development model of second instance and final adjudication for international economic and trade disputes,and dispute resolution has since become more efficient.However,due to frequent troubles in the United States,the members of the Appellate Body did not receive timely supplements after leaving office at the end of 2019,resulting in a paralysis crisis.The paralysis continues today,coupled with many limitations of MPIA,making it imperative to reshape the upper mechanism.In order to solve various difficulties in the operation of the Appellate Body,China,Japan,Canada,and other WTO members have clearly proposed various reform plans.However,due to the unsatisfied core interests of the United States,it has not been successful.At present,the rise of global trade protectionism and uncontrolled international capital flows have exacerbated this situation.At a time when the WTO Appellate Body is continuously paralyzed and the MPIA is only in the preliminary exploration stage,there is an urgent need to find a solution to this crisis.In addition to the introduction,this article consists of four parts.The first part analyzes the system design,specific operation,and current replacement of the WTO Appellate Body,namely the MPIA mechanism,to pave the way for the writing of the following article.The second part explains the performance and causes of the dilemma on the basis of analyzing the occurrence process of the operational dilemma of the appellate body.First,discuss the performance of the operational difficulties of the appellate agency,and then identify the causes.The performance mainly consists of two parts: procedural dilemma and substantive dilemma.The former includes insufficient staffing of members of the appellate body,insufficient review deadline of the appellate body,and unclear trial authority of members of the appellate body.The latter includes issues related to the complexity and verbosity of the adjudication report and the effectiveness of precedents.After that,the reasons for the above problems are explained in order to provide countermeasures for solving the dilemma.The main causes of operational difficulties include the increasingly complex international economic and trade pattern and disputes,the impact of American egoism,and the institutional defects of the appellate body itself.The third part explains the reform proposals of major economies in the world and the latest practice of appellate arbitration awards,and then transitions to an analysis of the advantages and disadvantages of MPIA.First,discuss the reform proposals of the United States,the European Union,and China,and then further analyze the existing alternative solutions to provide guidance for the proposed solution path.The fourth part proposes specific solutions to the existing difficulties and China’s future choices.The recommendations are based on the third part mentioned above,mainly for improving the staffing system of the appellate body,further modifying the trial deadline,granting the appellate body the right to remand,establishing a ruling report interpretation body,and selecting and guiding the case library.China’s future options include releasing the vitality of international law in Chinese path to modernization,accelerating the construction of the "the Belt and Road" dispute settlement mechanism,and adding provisions to prevent "trade war".