The Crisis of the Over-Judicialization of International Dispute Settlement Mechanisms and China's Countermeasures
Differentiated international dispute settlement mechanisms have demonstrated that the regular practice of expanding jurisdiction and excessive adjudication strengthens the mechanism's judicialization function,resulting in a deviation from its original purpose and triggering a crisis of legitimacy.The crisis has arisen due to the international dispute settlement mechanism's increased autonomy and transformation into a bureaucracy,leading to a focus on fulfilling its own authority.Firstly,regarding China's position on this matter,multilateral-based judicial reform is the fundamental approach to address the crisis.Based on this approach,China should consider the structure of the international system and the true needs of major powers when selecting their interests,adjusting to the feasibility of other programs,and enhancing flexibility and adaptability in selecting specific programs.Secondly,it is crucial to facilitate the attainment of organizational mobility,and uphold the dynamic equilibrium of judicial reform to ensure that the international rule of law does not deteriorate further.Lastly,with"respect for institutional pluralism"as a core value in"a Community with a Shared Future for Mankind",it is recommended that the reform of the mechanism should adopt a multifaceted approach to pioneering and innovative reforms.This will enable the formation of a Chinese proposal for establishing the international dispute settlement mechanism.
International Dispute Settlement MechanismJudicializationLegitimacy CrisisGlobal Governance
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维普
