从条约适用角度研究WTO争端裁决报告的执行

Research on Executing the Award of DSB from the Perspective of Treaty Application

作为WTO争端解决实体的DSB(Dispute Settlement Body),其裁决报告对WTO争端解决有重要意义。美国以实用主义为先导、国家利益为出发点执行DSB裁决报告,以USTR为主的协调机制亦是其一大特色;欧盟以有利于联盟一体化的态度执行DSB裁决报告。立足中国国情,结合大多数WTO成员方未给予DSB裁决报告直接效力的执行实践,建议今后执行DSB裁决报告时,树立国家利益至上的总体思路,建立协调人制度,并设立专家委员会配合执行,国内法院以司法克制的态度处理DSB裁决报告及相关诉讼。

As a dispute settlement organ of WTO, the arbitrary award by DSB （Dispute Settlement Body） has important significance for the WTO dispute settlement. However, the U. S executes the arbitrary award of DSB under the guidance of pragmatism and the consideration of its national interest, and the execution is also featured by mainly depending on USTR as the coordination mechanism. The European Union executes the DSB award with an attitude of benefiting its alliance integration. This paper, based on China＇ s national conditions, combined with the practical execution through which the majority of the members of the WTO fail to carry directly to the effect the arbitrary award of DSB, suggested that, at the time of executing the award of DSB, a general idea of supremacy of national interests should be considered above everything else, a system of coordinators should be established, a committee of experts should be set up to assist the execution, and that the domestic courts should hold judicial restraints when confronting DSB awards as well as its related litigations.