试论GATT/WTO协定之私人执行——一个美国法的视角

Private Enforcement of GATT/WTO Agreements——A View of the Laws of the USA

私人执行GATT/WTO协定是指私人如何行使在GATT/WTO协定下的国家贸易权利。"1934年体制"下"进口竞争性产业"与"出口导向性产业"之间的博弈使得美国国会与总统在共同行使国家经济主权中,通过缔结GATT/WTO协定,为美国创设了市场准入权利与贸易救济权利。这些贸易权利要在国内法中被私人执行,则必须创新国内进口与出口贸易救济制度。

Private enforcement of GATT/WTO agreements the country＇s trade rights under GATT/WTO agreements. The means how American private entities exercise competition between the ＂import-competing industry＂ and the ＂export-oriented industry＂ within the framework of 1934 made the Congress and the President, while co-enjoying the country＇ s economic sovereignty, enter into GATT/WTO agreements which resulted in access to markets and trade remedy rights for the USA. Where these trade rights were expected to be exercised by private entities in the domestic law system, the import and export trade remedy system of the U.S. had to be reformed.