论WTO争端解决中的司法经济原则

On the Principle of Judicial Economy in WTO Dispute Settlement

源于GATT争端解决中的“司法经济”原则,尽管在WTO争端解决中得以秉承和发展,但专家组和上诉机构运用“司法经济”原则仍存在诸多实践困惑,澄清这些困惑并解决实际存在的问题,对于促进贸易争端的有效解决和争端解决机制自身的完善意义重大。

Although the principle of judicial economy derived from GATr has been carried on and developed in WTO dispute settlement, there are some practice puzzle for the panel and the appellate body to use the principle of judicial economy . It is very important to clear up these puzzle and solve the factual problem with respect to the trade dispute being settled effectively and the performance of the WTO dispute settlement mechanism.