论WTO法与国际人权法之间冲突的解决

On the Solution of Conflicts Between the WTO Law and International Human Rights Law

大多数情况下,善意地解释和实施WTO规定,并考虑相关的国际人权法以及例外规定的援引,将足以协调WTO法和国际人权法律制度。在国际人权法和WTO协定之间冲突难以避免的罕见情况下,专家组应裁定国际人权法对WTO法没有直接的效力,因为专家组不能作出任何可能增加或减损"适用协定"的裁决,而应该由国家来解决WTO贸易法律制度与国际人权法律制度之间的冲突。一国违反国际人权法的措施,尽管不能在WTO争端解决机构得到制裁,但是这并不意味着该国将免除在其他法律制度下的责任。在WTO争端解决机制中获取的利益有可能在另一个法庭中被关于国家责任的规则平衡。

Based on the statement of the meaning of conflicts between treaties, analyzing the different situations of conflicts between the WTO law and international human rights law in detail. Most times, good faith interpretation and application of WTO provisions, taking into account relevant human rights law, and the exercise of exception provisions, will suffice to coordinate WTO and human rights legal systems. In the rare eventuality of a conflict between a WTO provision and a human fights provision, the WTO panel should conclude that the human rights law does not have direct effect in WTO law, that the panel does not have the competence to formally interpret and enforce other treaties and customs and that the panel is prohibited from reaching any conclusion that would add to or diminish the covered agreements. It would then be for states to address the conflict between the system of WTO trade law and the system of human rights. The violation of human rights, albeit not enforceable before WTO adjudicating bodies, does not free the violating state from any remedial obligations. The benefits obtained in one forum may be balanced by the application of the rules on state responsibility in another forum.