Abstract
This chapter proceeds with a brief summary of the literature on the World Trade Organization Dispute Settlement Mechanism (WTO DSM), followed by an elaboration on the intersubjective theory, its application and its contribution to the literature. It discusses how China's ongoing legal reform and its growing power will impact international trade dispute resolution applying the normative theory. The chapter discusses how the ongoing Chinese legal reform will likely alter the non-litigious norm. The Third Plenary Session of the Eighteenth Communist Party Congress announced an ambitious formal plan to deepening systematic reforms, including reform of the Chinese legal system. The (WTO DSM), with compulsory jurisdiction over WTO member states and the authority to issue binding decisions, has been widely regarded as a milestone in the path of establishing a global legal order. The WTO DSM serves major interests of China and other non-litigious member states.
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