WTO争端解决实践综合分析

A Comprehensive Analysis of WTO Dispute Settlement Cases

十三年来,WTO争端解决机构受理了数量空前的争端,其频率远高于GATT和国际法院。审理的案件中,起诉方在绝大多数的案件里都胜诉了。裁决结果总体来说执行率较高,但也存在拖延和拒不执行的情况。美国、欧盟在起诉和被诉方面次数分列第一和第二,发展中国家中,印度和巴西起诉也比较积极,被诉案件也较多。现有案件覆盖了绝大多数WTO协定,次数较多的案件类型依次是1994年关贸总协定案件、反倾销案件、补贴和反补贴案件、知识产权案件、保障措施案件、农产品协定案件、服务贸易总协定案件、SPS协定案件、与贸易有关的投资措施案件。综合而言,WTO争端解决机制的运作是成功和富有成效的,我国可以考虑更加积极地运用该机制。

The cases enrolled by the WTO DSB were much more than those enrolled by the GATr and the ICJ in the past 13 years （ 1995 - 2007）, among which most of the complainants won the lawsuits and most of the decisions have been executed. The U.S. A. and the European Community are No. 1 and No. 2 both as the complainants and the defendants, and India and Brazil are quite active complainants and frequently complained ones among the developing countries. The cases cover almost all WTO agreements. The number of different kinds of cases are sequenced as GATr1994, antidumping, subsidies and countervailing, intellectual properties, safeguards, agriculture, GATS, SPS, and TRIMs cases. Generally speaking, the operation of WTO dispute settlement mechanism has been quite successful and effective so China may be more active in utilizing the mechanism.