论WTO争端解决机制与MEAs争端处理机制的冲突与协调

The Conflict and Compatibility between the Dispute-Settlement Mechanisms of WTO and those of Multilateral Environmental Agreements

WTO争端解决机制具有高效、安全可靠的特点,其争端解决机构对成员国之间发生的与贸易有关的争端具有排他性的强制管辖权;多边环境协定争端处理机制的特点是争端解决方式具有选择性,其裁决结果大多数情况下并不对缔约国产生约束力。两机制对环境贸易措施的适用所引发的争端都有合法管辖权,实践中可能会出现两机制对同一争端双重管辖、被相同的当事人同时启动,裁决结果却大相径庭的窘境。为协调好两机制之间的关系,应提高“斡旋、调解和调停”等WTO非正式争端解决方法的使用效率;加强WTO争端解决机构在有关的争端解决程序中对多边环境协定争端处理机制的尊重与支持;同时,应在WTO框架内设立环境咨询委员会。

The WTO dispute-settlement mechanism is characterized by its effective and secure, nature. The WTO dispute-settlement body has exclusive jurisdiction over any trsde-related disputes. The dispute-resolution mechanisms of multilateral environmental agreements are characterized by their optional nature and by the fact that in most cases their results are not usually binding on the parties. Both of them have jurisdiction over the dispute caused by the application of environmental trsde-related measures. So, in practice, it is possible that the parallel jurisdictions are triggered at the same time, but their judgments are disparate. In order to coordinate the two systems, the use of the informal process, such as mediation, conciliation and good offices should be furthered, and the dispute-settlement body of WTO should take into account and respect the dispute- resolution mechanisms of the relevant multilateral environmental agreements in environment-related cases . In the meanwhile, an environmental advisory board should be set up.