WTO改革的发展议题之争及解决之道——“共同但有区别的责任”视角

On the Development Issues of WTO Reform and the Solutions: From the Perspective of Common but Differentiated Responsibilities

中美围绕多边发展议题激烈交锋,这是启动世界贸易组织改革的必然步骤,也是两者间的攻防之争。发展议题由来已久,是多边贸易谈判的重要支柱。世界贸易组织中的发展中成员地位和特殊与差别待遇问题已经演变为其改革前奏。以此为突破口,美国将可能打开世界贸易组织改革的总闸门。通过回顾多边发展议题的历史过程并分析其症结,可发现发展议题实质上是发展中成员的能力缺失问题。中国是世界贸易组织发展中成员,但自加入起一直没有享受完全的特殊与差别待遇,而是让利不让位,按能力做贡献,承担了与自身实力相对应的成员义务。在世界贸易组织改革中,作者提出以“共同但有区别的责任”原则参与多边发展议题谈判,具有经济学和法学的基础,也有气候变化谈判的历史经验和现实实践,可解决世界贸易组织成员的能力缺失,提高贸易谈判和参与多边贸易体制的能力水平,也可跳出发展中成员地位和特殊与差别待遇的争论,中国能够以发展中成员身份遵循“共同但有区别的责任”原则。在此基础上对世界贸易组织发展议题的谈判前景进行展望。

The fierce confrontation between China and the United States on multilateral development issues is an inevitable step to start the reform of the WTO,and is also a debate between two members.The development issue has a long history and is an important pillar of multilateral trade negotiations.The status of developing members and the issue of special and differential treatment in WTO have become the prelude to WTO reform.As a breakthrough,the United States will open the general gate of WTO reform.By reviewing the historical process of multilateral development issues and analyzing the crux of the issue,this paper thinks that development issues are the capacity constraint of developing members.China is a developing member of the WTO,but she has not enjoyed full special and differential treatment since its accession.Instead,China has given up some interests,made contributions according to its capacity,and undertaken obligations corresponding to its own national strength.This paper puts forward the principle of common but differentiated responsibilities to participate in multilateral development negotiations during the reform of WTO,which has the basis of economics and law,as well as the historical experience and pragmatic practice of climate change negotiations.The principle may solve the capacity constraint of WTO developing members,improve their level of trade negotiations and the ability to participate in the multilateral trading system,and escape the debate about the status of developing members and special and differential treatment.Moreover,China could follow the principle of common but differentiated responsibilities as a developing member.In addition,this paper also discusses the future of WTO negotiation on multilateral development issues and beyond.