Abstract
With the establishment of the World Trade Organization in 1995, the dispute settlement mechanism for international trade was greatly prepared unlike the old GATT system. It has a very different pattern from that of original GATT system. In our case, international trade is a matter of the future of nations, and in reality of the intense world economic competition, this system change may well be of concern to our government or legal experts. In this context, this paper examines the nature and problems of the WTO appeal system under the premise of the rule of law, judicial prowess, and the role of a judge. The WTO dispute settlement mechanism is based on the domestic judicial system or other international judicial systems. In contrast to this, the comparative history is only short indeed, but according to the accumulation of future precedents, it is highly possible to provide a model for the achievement of the rule of law ideals in the international community. However, due to the inherent limitations of international agreement system, the reality of appellate body is not easy. In terms of the international trade and rule of law, the role of appellate body and judges is very broad. However, in this paper, we first look at the significance and nature of the launch of WTO and furthermore; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues of reference materials submitted by procedures outside the process, 5) the relationship between the appellate body and political authorities. Over the review, the penetrating thoughts will be focused on judicial activism. Those points of consideration will be discussed through the approach and method on the comparative legal studies and several significant WTO precedents.
Highlights
Unlike the old GATT system, the dispute settlement procedure of World Trade Organization was extensively revised in 1995 with the launch of new framework
In this paper, we first look at the significance and nature of the launch of WTO and ; 1) the rule of law and judicial system, 2) several issues related to the nature of WTO dispute settlement mechanism, 3) the importance of judge-made law and the scope and limitations of appellate jurisdiction, 4) issues
We will discuss related topics concerned with the nature of judge-made law, scope and limitations of appellate jurisdiction, issues of reference materials submitted by the actors outside the procedure, relationship between the appellate body and political organs, as well as judicial activism
Summary
Unlike the old GATT system, the dispute settlement procedure of World Trade Organization (hereinafter referred to as WTO) was extensively revised in 1995 with the launch of new framework It is very different from the old system, to illustrate, the adoption of reverse consensus system, specification of time limit on procedure, and establishment of appellate body (hereinafter referred to as AB), which aims to envision the rule of law in international trade regime. The world gradually is becoming to be competitive surrounding the trade interest, in which the paradigm change is a concern of government or legal experts In this context, this paper illuminates and examines the nature or problems of WTO framework under the thesis of rule of law, judicial activism, and role of judge. We will discuss related topics concerned with the nature of judge-made law, scope and limitations of appellate jurisdiction, issues of reference materials submitted by the actors outside the procedure, relationship between the appellate body and political organs, as well as judicial activism
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