WTO补偿实践的动向及其改革启示

Trend of WTO Compensation Practices and Its Enlightenment on Reform

自WTO成立以来,补偿机制应用较少,甚至被视为"装饰品"。与WTO早期的补偿案相比,US-Section 110(5)Copyright Act、EC-Hormones、US-Upland Cotton、China-Publications案达成的补偿协议,在补偿原则、补偿形式、补偿程度的确定等方面,均有所发展,解决或缓解了敏感争端的执行僵局,并为多哈回合补偿机制改革提供了经验与启示。补偿机制的改革应关注如何为成员达成补偿提供规则基础和程序保障。改革的途径是多重的,在推进多哈谈判的同时,应充分利用现有的WTO制度,完善补偿机制。

Since the establishment of the World Trade Organization （WTO） , compensation has not been frequently resorted to, and even been regarded as an embellishment to the system. Compared with the compen- sation agreements reached in early cases, compensation agreements reached in US-Section 110 （5） Copyright Act, EC-Hormones, US-Upland Cotton and China-Publications have exhibited some developments on the prin- ciples, forms as well as the establishment of the level of compensation, which relieved the deadlock of compli- ance problems in sensitive disputes and shed light on the reform of compensation mechanism. The reform of compensation mechanism shall focus on providing effective rules and procedures to facilitate members to reach compensation agreements. There are multiple ways to this end. Nevertheless, members should not wait for the successful conclusion of Doha Round, but fully utilize existing WTO mechanisms to improve the efficiency of compensation mechanism.