Constructing Alternative Discourse Power Amid the Paralysis of WTO Dispute Settlement Mechanism: A Case Analysis on the China International Commercial Court

Abstract

This review examines the paralysis of the World Trade Organization (WTO) Dispute Settlement Mechanism (DSM) and the corresponding emergence of the Belt and Road International Commercial Court (BRICC) as a possible alternative regulatory body in international economic law. The paper provides a critical analysis of how the institutional paralysis in WTO DSM, especially the failure of the Appellate Body, has undermined the trust in the multilateral system and has disproportionately hurt developing arteries. Utilizing a qualitative research approach, the study is anchored in a Systematic Literature Review (SLR) methodology. A strict multiple-step methodology was applied with searches conducted in databases guided by keywords, an inclusion/exclusion analysis of search results, and thematic coding, leading to a comparative analysis of eight scholarly peer-reviewed articles. Regarding the theory of legal pluralism and the constructivist approach, the analysis points to the future that the BRICC is not only a legal vehicle to address any dispute engendered by the Belt and Road Initiative (BRI)-related disputes, but also a legal weapon of Chinese legal diplomacy. BRICC has establishing a hybrid framework consisting of domestic and international legal traditions and the hope of establishing alternative discourse power within international trade regulation. However, there remains an attempt at legitimacy, transparency, and fairness challenges. The paper also discusses how multipolar systems of law are gaining strong relevance in global reorganization of economic order.