试析WTO争端解决的履行

On the Implementation of Recommendations and Rulings of the WTO Dispute Settlement

WTO争端解决机制运行至今,为维护世界贸易的法律体制,促进各国或地区间贸易的正常发展,起到了不可缺少的重要作用。如果说WTO争端解决机制是整个WTO体制的核心,那么履行争端解决的建议或裁决,就是核心中的关键。本文首先依据DSU及其适用实践,概述了WTO争端解决的履行内容及程序,然后梳理了近十多年来履行的基本情况,着重分析了其实际效果,以期客观地评价其利弊,并通过略比国际法院的争端解决之履行,透视WTO争端解决的履行在当代国际法发展中的意义,最后就我国应对WTO争端解决的履行提出若干建议。

Since the WTO dispute settlement mechanism was put into operation in 1995,it has played a very important role to maintain the world trade system and to promote normal development of trade between or among states and regions.If it is regarded as the core of WTO system,the implementation of recommendations and rulings of the WTO dispute settlement would be the key of this core.Firstly,this paper will summarize the contents and procedures of WTO dispute settlement based on the provisions of DSU and its application.Secondly,this paper will review the basic situation of the implementation of recommendations and rulings of the WTO dispute settlement in the last decade with focus on its actual effectiveness,so as to make an objective assessment of its advantages and disadvantages.Thirdly,a brief comparison between the implementation of decisions of the International Court of Justice and that of the WTO will be followed so as to take a look at the significance of implementation of recommendations and rulings of the WTO dispute settlement for the development of contemporary international law.Finally,several suggestions will be provided.