Title：From “Contractual” to “Quasi-judicial” — The Progressive Approach of International Dispute Settlement and Mechanism Reform of WTO Dispute Settlement

Author：Hong Zhao

Abstract：The international dispute settlement mechanism has experienced a process of progress from war to peace, from diplomacy to law. In the path of resolving international dispute through legal methods, is there a development path from international arbitration (“contractual”) to international judicial adjudication (“quasi-judicial”)? This paper discusses this topic, answers whether this path means fairness and progress of the international dispute settlement system, compares the similarities and differences between this path and arbitration and judicial awards within domestic legal system. At the same time, this paper points out that in addition to the development path from “contractual” to “quasi-judicial”, the legal path of international dispute settlement also has the characteristics of “pluralistic symbiosis”, “inclusive coexistence” and even “mutual convergence”. Meanwhile, under such circumstances as a background and reference, this paper discusses the characteristics, crisis and reform of the WTO’s dispute settlement and puts forward some thoughts on the reform of this mechanism.

Keywords：International Dispute Settlement Mechanism, Contractual, Quasi-judicial, International Law, Mechanism Reform of WTO Dispute Settlement