中美贸易摩擦背景下WTO争端解决机制完善研究

RESEARCH ON IMPROVEMENT OF WTO DISPUTE SETTLEMENT UNDERSTANDING IN THE CONTEXT OF TRADE FRICTION BETWEEN CHINA AND THE U.S.

WTO争端解决机制,是有史以来最完善的国际争端解决机制之一,被誉为“WTO皇冠上的明珠”,是多边贸易体制的主要支柱,也是WTO对全球经济稳定发展的独特贡献[1]。但在中美贸易摩擦中,WTO DSU没有发挥应有的定纷止争作用,说明WTO争端解决机制出现了问题。DSU每年裁外的案件总量呈现非常明显的逐年下降趋势,对将解决贸易争端当作第一要义的WTO争端解决机制来说,这是致命的。分析了WTO DSU存在的不足,提出了改进的对策建议。

The Dispute Settlement Understanding(DSU),known as the crown jewel of WTO,is one of the best international dispute settlement mechanisms in history.It lays the foundation for the multilateral trading system,and makes contribution to the steady growth of global economy.However,DSU has not played its role in settling disputes in the recent trade friction between China and the U S,indicating a problem in DSU.It is devastating for DSU to take an obvious downward trend year by year as shown in its annual total of cases,especially for the organization which regards the settlement of trade disputes as its top priority.So,the drawbacks of DSU are examined in this research,and some suggestions are proposed to improve DSU.