서지정보

목차

I. Introduction
II. Why A New Mega-Multilateral Courtinstead of the AB?
A. Absence of Co-operation from the US
B. Limitations of the AB
C. Short-term Nature of the WTO Members’ Practices and Proposals
III. Estab lishing a New Mega-multilateralCourt wi thin the WTO ?
A. The New-mega Multilateral Court Only for Binding on the Signatories
B. A Special Chamber for Trade Remedies under the New Mega-multilateralCourt
C. The Large Mega-multilateral Court
D. The Multilateral Nature of the Mega Court as a Long-term Strategy
IV. DSB as a Forum for the Mega-multilateralCourt and State Parties
A. The Concept of Judicial Independence, Accountability, and Consistency
B. Creating an Annual Meeting between the State Parties and Adjudicatorsof the Mega-multilateral Court under the DSB
C. Balance between Judicial Independence, Accountability, and Consistency
V. Conclusion
References

영어 초록

The Dispute Settlement Mechanism of the World Trade Organization (WTO) is facing serious crisis, which has impeded its normal function. To address this impasse, this article suggests a reform of the WTO’s dispute-settlement mechanism: the establishment of a new megamultilateral court to substitute for the Appellate Body. The first part of this paper addresses the reasons for considering this approach. The second part identifies how to establish a new mega-multilateral court within the WTO. The third part puts forward an idea of the function of the Dispute Settlement Body, which would serve as a forum for adjudicators and State Parties of the mega-multilateral court, in order to balance judicial independence, judicial accountability, and consistency. In discussing the reason for this reform, approaches to implementing it, and other examples of what form it might take, this article concludes that it is appropriate to establish a new mega-multilateral court within the WTO.

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