摘要
WTO法上的救济"前瞻"而不"后顾",在国际法上是一个独特的体制,这是实践发展的产物。保存未来关系的考虑并不意味着救济在WTO法领域没有意义;损失难以计算也不是WTO弱化救济的充分理由。以救济的弱化为代价,换取争端解决程序上的越来越司法化,这是问题的实质。救济不足在实践中产生了不少问题,但是在WTO法领域确立完全的救济制度过于理想,在现有框架内提高救济的效率更为可行。
As a spontaneous practice, the remedial rule for breach of WTO law is regarded as a ＂self - contained regime＂ in international law for its being prospective rather than retrospective. While the consideration of keeping future relations doesn＇ t render remedies meaningless in WTO law, the difficulties of calculating loss are not just reasons for DSU to weaken remedies. The truth is that it＇ s the cost of highly judicialized DSU procedure. The insufficiency of remedies has been problematic in reality. However, it＇ s a Utopia to seek full recovery in WTO law, and the pragmatic way is to seek higher efficiency within the existing framework.
关键词
WTO
争端解决机制
WTO
dispute settlement mechanism
