Value Orientation and Rule Structure of Reform of the WTO Dispute Settlement System:With RCEP as Reference
The dispute settlement mechanism is one of the pillars of the effective operation of the WTO.However,with the profound changes in the global landscape,the inherent shortcomings of the WTO dispute settlement mechanism have become increasingly apparent,especially in the Dispute Settlement Body(DSB),which has fallen into an unprecedented crisis due to the shutdown of the Appellate Body.As the most extensive regional trade agreement(RTA)in the world,RCEP's dispute settlement mechanism is highly distinctive and innovative.The study on it has important practical significance for the reform of the WTO dispute resolution mechanism.This article reveals the following characteristics and innovations of the RCEP dispute resolution mechanism through comparative research:achieving a final decision through organizational structure innovation to ensure the effectiveness and efficiency of the dispute resolution mechanism;attaching great importance to the transparency of dispute resolution rules and procedures;the unique openness,strict independence,and high professionalism of panel members;excluding Non-Violation Complaints from the scope of application;stipulating"Choice of Forum"clause to resolve active conflicts of jurisdiction in dispute;innovating the mechanism for third parties participation in dispute settlement procedures;and the practicality of special and differential treatment clauses.On this basis,this article combines the research methods of sociology of law,jurisprudence of value,and normative law to demonstrate how the characteristics and innovations of the RCEP dispute settlement mechanism can become a reference for the reform of the WTO dispute settlement mechanism,that is,the social foundation of the WTO and RCEP are similar;the inherent value of dispute resolution mechanisms is compatible;and the rule basis of dispute resolution mechanisms has commonality.Based on the current crisis faced by the WTO dispute settlement mechanism,this article believes that the WTO can fully draw on the inherent value orientation and specific rule innovation of the RCEP dispute settlement mechanism,and carry out the reform of the dispute settlement mechanism from the following aspects.First,it can make improving efficiency the primary value of the reform;Second,improving the transparency of dispute resolution rules and procedures will be an important goal of the reform;Third,restructuring the DSU with the expert group as the core requires not only leveraging the role of the appellate body,but also regulating and constraining its function and power,and improving the relationship between the appellate body and the expert group;Fourth,it should pragmatically reform the special and differential treatment system,not blindly pursue high standards,provide preferential treatment for the least developed members,and help them better integrate into the integrated world trade system.This article not only reveals the characteristics and innovations of the RCEP dispute settlement mechanism compared withthat of the WTO,but more importantly,it comprehensively applies the methods of sociology of law,jurisprudence of value,and normative law to explain theoretically why the innovation of the RCEP dispute settlement mechanism has enlightening significance for the reform of the WTO dispute settlement mechanism.Based on this,this article proposes specific reform plans,making beneficial explorations for the reform of the WTO dispute settlement mechanism.