The primary purpose of this research is to propose the solution to the current crisis of the WTO dispute settlement system focusing on Article 25 of the WTO Agreement. The Dispute Settlement Understanding is one of the significant successes of the WTO. Recent years, however, have witnessed the difficulties and challenges facing the multilateral trading system along with rising anti-globalization and trade protectionism. The Appellate Body (AB) has been experiencing an unprecedented crisis of dysfunction mainly due to the US’s boycott of appointing the new members. The WTO Members, including China, have thus proposed various reforms in response to the crisis. However, they have not touched the core demands of the US. Because of the imminent crisis that the AB is about to stop operating, China should take urgent action with other WTO members, consider launching a majority voting program, design and use alternative appeal arbitration, and combine international rules with domestic deepening reforms.
Since its accession to the WTO in 2001, China has been involved in 21 cases as complainant, 44 as respondent, and 179 as a third party. However, China-related cases have not overburdened the WTO dispute settlement system. Instead, China has assisted in the development of international trade law through the creative interpretations of different provisions achieved in the WTO dispute settlement proceedings. This article seeks to provide an overview of China’s participation in the WTO dispute settlement mechanism and contribution to the rules over the past decade. In doing so, the article not only highlights the jurisprudential and doctrinal contributions of some of the critical disputes, but also examines the role of various interest groups and stakeholders in shaping China’s dispute settlement activity. Overall, the article provides an overview of China’s WTO dispute settlement activities and its role in assisting the development of international trade law.