WTO贸易政策透明机制的改革

On the Reforming of Trade Policy Transparency Mechanism of the World Trade Organization

WTO多边贸易体制陷入危机的表现之一是通知义务履行状况差,TPRM运行的质量也相应受到影响。导致这一问题的原因是多方面的,有些情况下成员有意不认真履行透明义务,有些情况下则需要多次适用复杂规则才能确定通知义务的范围。现有的法律责任制度无法对违反透明义务的行为形成有效制约。发展中成员履行透明义务存在一定困难,成员的法律体制和历史文化因素也对其有一定影响。美日欧等成员提出,应为不履行透明义务的行为规定行政责任。有些发展中成员则强调其能力不足,反对惩罚性措施。中国应总体上支持强化贸易政策透明机制的效能,以维护WTO多边贸易体制,建议支持适当条件下对违反透明义务的行为规定行政责任,适当简化通知义务规则,肯定和鼓励广泛的反向通知,强化对第三方资料的利用,不支持直接将未按时通知的补贴规定为禁止性补贴或视为导致严重侵害。

One of the manifestations of the crisis in the multilateral system of the WTO is the poor performance of notifi cation obligations,also resulting in the poor quality of TPRM functioning.There are multiple reasons for this situation,such as in some cases members intentionally not fulfi lling their transparency obligations seriously;in some cases multiple application of rules are required to determine the scope of notifi cation obligations;the existing legal responsibility system cannot eff ectively restrain behaviors that violate transparency obligations;there are certain diffi culties for developing members to fulfi ll their transparency obligations;the political and legal systems as well as historical and cultural factors of members can also have certain impact.Presently some Members have put forth proposals to improve the transparency mechanism of trade policies in various arguments.Generally,some Members such as US,Japan and EU suggested administrative responsibilities for the acts that are inconsistent with transparency obligations.Meanwhile some developing members emphasize their insufficient ability and oppose punitive measure.Here give some suggestions,i.e.supporting the provision of administrative responsibility for opaque behavior subject to proper conditions;simplifying the rules of notifi cation obligations appropriately;recognizing and encouraging widespread counter-notifi cations;intensifying the use of third-party information;supporting committees and TPRB in implementing more eff ective supervision;not supporting to directly regard subsidies not notified as prohibited subsidies or as causing serious prejudice.China should generally support strengthening the eff ectiveness of trade policy transparency mechanisms to maintain the multilateral trading system of the WTO.