Title: 30 Years of WTO Dispute Settlement Mechanism: Achievements, Dilemma and Future

Author: Hong Zhao, Xin Zhang

Abstract: The World Trade Organization (WTO) dispute settlement mechanism has been widely viewed as a paradigmatic model of international dispute settlement. It has not only drawn extensively on the customary rules of international law, but has also contributed materially to the development of international law. However, allegations of the so-called “judicial activism” and the imbalance between the negotiation and dispute resolution function of the WTO have sparked numerous criticisms. During the tumultuous period of international law and in the context of escalating unilateralism, the restoration of the WTO dispute settlement mechanism remains uncertain. Although several pragmatic interim options have emerged, none has secured broad multilateral consensus. The lack of dialogue and coordination among these options is likely to deepen institutional segmentation and ultimately accelerate fragmentation. The establishment of a centralized dispute settlement mechanism and the broader restoration of international rule of law will depend on narrowing substantive and institutional divergences among members, strengthening incentives and capacity for participation to rebuild consensus.

Keywords: WTO Dispute Settlement Mechanism, Judicial Activism, International Rule of Law, WTO Jurisprudence