论WTO规则宪法化进程中非贸易社会价值的扩张

The Expansion of Non-Trade Value in WTO Rules' Constitutionalization

WTO非贸易社会价值同WTO规则宪法化的发展脉络交织在一起,WTO规则逐步深化非贸易社会价值的过程,也是WTO规则宪法化的一种呈现。WTO规则宪法化为非贸易社会价值的扩张提供了价值基础、理论前提以及现实可能性,促使对人权、环保、文化多样性等问题的关注程度的提升,更推动了WTO更广泛共识的达成,但同时也可能损害发展中国家的合法权益。在未来,WTO规则宪法化进程将会继续推动WTO非贸易社会价值的扩张,但WTO规则宪法化的本身状况及其他原因亦制约WTO非贸易社会价值的扩张。

The development of WTO non - trade value was associated with the WTO rules＇ constitutionalization. The process which non - trade value was introduced to WTO rules gradually, which is also a performance of the eonstitutionalization of the WTO rules. The WTO rules＇ constitutionalization is the value basis, the theoretical premise and realistic possibility for the expansion of the non - trade value, which leads to problems such as human rights, environmental protection, cultural diversity get more attention and more WTO consensus were reached. But at the same time, it may damage the legitimate rights and interests of developing countries It is irresistible that the non - trade value will be expanded continuously due to the constitutionalization of the WTO rules. However, the condition of the WTO rules＇ constitutionalization and other reasons will limit the expansion of the non- trade value.