试析WTO争端解决的国际法拘束力

A Tentative Analysis of the Binding Force of International Law in WTO Dispute Settlement

WTO成立以来的实践表明 ,其争端解决具有相当强的国际法拘束力 ,保证了WTO各项规则基本上得以有效实施 ,成为该组织的核心机制。本文从理论与实践结合的视角 ,分析WTO争端解决的国际法拘束力 ,着重从WTO争端解决的拘束力之条约依据、实践考察和存在问题三方面进行研究 。

Since the establishment of WTO, its practice has demonstrated that its dispute settlement, as the heart of the WTO mechanism, has fairly strong binding force to guarantee the effective enforcement of the WTO rules, which has become its core mechanism.This paper analyzes, from the perspective of both theory and practice, the binding force of international law of the dispute settlement within the WTO framework,with an emphasis on its basis of treaty,observation of its practice and existing problems in order to understand the WTO dispute settlement and its significance from the perspective of general international law.