偏离权配额交易——改革WTO体制下补偿制度的一种新思路

The System of Non-compliance Quota Trade under the WTO

现行WTO争端解决机制下的补偿主要是敦促被诉方执行其建议和裁决的一种工具,难以承载国内法和一般国际法上补偿制度的强制性赔偿功能。关于补偿制度改革,已有建议主要包括改为金钱补偿和不予改革两种,但两者均因受制于法律理想与政治现实之间的矛盾而难以推进。新的改革思路——"偏离权配额交易"——基本满足三个条件:政治上的可接受性、顾及WTO成员从多边自由贸易体制中获益的能力差异以及与WTO所追求目标的可兼容性。

The existing compensation under the WTO dispute settlement mechanism is designed to be a device to prompt compliance with its recommendations or rulings of the DSB by the defendant, rather than serving the purpose of compulsory compensation for losses under the compensation system in domestic laws and in international law as well. Currently, there are mainly two different proposals on the reform of the compensation system： pecuniary compensation and no -reform approach -both are difficult to implement due to the conflict between legal ideals and political reality. mechanism quirements bers in the A new approach to improving the compensation under the WTO dispute settlement is the ＂system of non - compliance quota trade＂. This system basically meets three requirements： being politically acceptable, taking into account the discrepancy among WTO Members in the capacity of availing the multilateral free trade system, and being reconcilable with the aim of the WTO.