简析WTO协定下贸易权的绝对性与相对性

为应对由全球经济衰退带来的国内经济社会问题,某些成员常把WTO协定下的贸易权作为其调整和推进对外贸易的政策工具和法律盾牌,致使WTO成员间由来已久的贸易权纠纷雪上加霜。对WTO协定下的贸易权进行性质定位,并据此分析其绝对性和相对性,有助于明晰成员享有贸易权的限度和范围,有助于理解程序性质的贸易权和实体性质的贸易权,由此期望为解决成员间的贸易权争端提供新思路或新方法。

An Analysis on Absolutiveness and Comparativeness of Right to Trade within WTO Agreements

In order to cope with domestic economic and social difficulties generated by global economic recession, certain WTO members take the right to trade as a normal utensil and a protective board for adjusting and compelling their foreign trade law and policy, thus make the relative complicated disputes even worse. Trying to determine the nature of right to trade and hence analyzing its absolutiveness and comparativeness will be helpful to clarify the scope and degree for members’ enjoying this right and to understand the meanings of this right both in procedure and substantiality and thus to find out new approaches to settle the disputes related.