试析WTO争端解决机制

On the WTO Dispute Settlement Mechanism

WTO自建立以来,其争端解决机制为多边贸易体制的有效运转提供了重要保障,对国际贸易争端的顺利解决起到了积极的作用。WTO争端解决机制是在GATT争端解决机制的基础上产生和发展起来,有着诸多不可比拟的优点,但同时不可避免地继承和包含GATT争端解决机制"先天性"的不足,其在实践中也暴露出不少问题,从具体的规则程序到实际运行的效果和作用都还存在不足之处。

Since the establishment of the WTO, its dispute settlement mechanism has provided important guarantee for the effective running of multilateral world trade system. It has positive effects on the successful settlement of international trade dispute. It started off and developed from the foundation of the GATT dispute settlement mechanism. Compared with the GATT, it has many advantages, but it has inevitably inherited and contained many innate deficiencies of the GATT dispute settlement mechanism, especially in practical procedures and the specific effect and functions.