WTO争端解决机制的法律性质

WTO争端解决机制被誉为WTO皇冠上的明珠,自其运行以来,既以其专业高效广受赞誉,又因其程序设计的冲突和裁决执行的效果引发批评。将"就DSU的改进和澄清"列入正式议程的多哈回合至今未果。专家组的临时性、争端解决程序透明度不足、补偿和报复的不溯及既往、报复的效果不足等WTO争端解决机制的不足到底仅仅属于技术性的缺陷还是根植于机制自身的法律性质,首先涉及到对WTO争端解决机制法律性质的廓清,同时该问题的解决也是我们进一步了解和更好地运用WTO争端解决机制的基础。

The Legal Chracteristic of the WTO Dispute Settlement Mechanism

Known as the jewel on WTO crown,dispute settlement mechanism has been acclaimed not only for its professional and efficient operation,but also criticized for its procedure conflict and unsatisfying execution.The Doha Round which included the "improvements and clarifications of the DSU" in its official agenda was unsuccessful.Whether the shortcomings such as Ad hoc expert group,lacking of transparency,inadequate compensation are merely technical defects or rooted in the legal attribute of the mechanism itself? The clearance of legal attribute of WTO dispute settlement mechanism will form foundation for our further understanding and exertion of it.