浅析世贸组织争端解决机制中的专家组及上诉机构

根据《争端解决谅解协议》规定,世贸组织成员之间若发生贸易纠纷,有关各方既可以自行协商解决,也可以通过世贸组织争端解决机构来解决。该机构的职能由世贸组织总理事会行使。从严格意义上讲,世贸组织争端解决机构只是一个准司法机构,因为上诉机构所作的裁决,最终还得由总理事会表决通过。尽管如此,争端解决机构在处理贸易纠纷时,具有一套严格的程序规定。本文着重从世贸组织专家组和上诉机构报告的效力方面和决策原则来分析,并将讨论的中心放在专家组上面来。

Analyses on the Panel and Appeal Body of the Disputing Settlement Mechanism of the World Trade Organization

According to the regulation of "dispute settlement understanding agreement" , associative parties of world trade organization can not only settle the dispute by negotiation among themselves, but also by dispute settlement body of world trade organization, if dispute arises among members of world trade organization. General council of world trade organization exerts the function of this body. Strictly speaking, dispute settlement body is a quasi -judicial organization, because all the decisions put forward by general council of world trade organization should pass appeal body eventually. Despite this, there is a set of strict regulation of procedure when dispute is dealing with by settlement body. This article analyzes the effectiveness and decision - making principle of the world trade organization panel and appeal body, and then focuses the discussion on the panel of world trade organization, in order to facilitate the improvement and development of dispute settlement mechanism of world trade organization.