WTO“反向协商一致”规则的补救措施研究

Study on the Remedial Measures of the "Negative Consensus" in the WTO

"反向协商一致"是WTO争端解决机制中所运用的全新的决策规则。与以往国际组织的决策规则相比,它是WTO在决策模式上一大发明和创举。它的产生,使DSB的管辖权具有了强制性及其报告通过的自动性,提高了WTO范围内国际贸易争端的解决效率。然而,该规则本身固有缺陷的存在,无法阻挡问题报告的通过,故应考虑着手完善磋商和专家组程序,以对其实施补救,以期在确保效率的同时,公平地维护WTO各成员的合法权益。

Negative Consensus is the new decision rule of the dispute system mechanism in the WTO. Compared with the decision rules in international organizations,it is the pioneering rules of the WTO ,by which,DSB has its mandatory jurisdiction and passes the report voluntarily, and the efficiency to resolve the international trade dispute has been improved, However, its inherence defects have no way to obstruct passing the problem reports. Therefore, we should consider improving and perfecting the procedures of the consultation and the panel in order to defend impartially every member＇s lawfulness weighs of WTO while ensuring efficiency.