DSU补偿措施改革研究

发布时间：2018-02-05 00:53

本文关键词： DSU补偿措施争端解决机制 WTO 改革　出处：《广东商学院》2012年硕士论文　论文类型：学位论文

【摘要】：DSU补偿措施在制度设计上存在不少缺陷，导致其缺乏可操作性，并且对受害成员的救济效果不佳。因此从WTO生效至今的近二十年间，仅出现了3起成功实施补偿措施的案例。多数情况下，受损害的WTO成员通过援用贸易报复措施来维护自身合法权利。但是，补偿措施具有贸易报复措施不具备的优势，即其不会限制贸易自由，更不会像报复一样对多边贸易体系的稳定与健康带来负面冲击。因此许多成员仍希望构建更加合理的补偿措施机制；同时，许多弱小发展中国家成员在利用贸易报复措施上存在很大困难，，也迫切希望在胜诉后能够获得更及时充分的补偿救济。补偿措施改革议题已经成为DSU争端解决规则修改谈判中的一个热点。WTO成员方提出了为数众多的改革建议，如何确定一套合理可行的改革方案并谋求在成员之间就该方案达成共识，是影响今后改革谈判工作和决定改革能否最终获得成功的关键所在。本文将分三个步骤对该问题进行详细探讨：第一章，首先介绍DSU补偿措施的相关内容，以便对改革的对象有清晰的认识；同时简要回顾补偿措施改革历程，明确所处在的改革阶段。第二章，结合DSU文本和案件，探讨现行制度存在的主要缺陷，明确未来改革方案必须应对与解决的重点所在。第三章，对各成员已经提出的补偿措施改革建议进行比较分析，最终得出在DSU框架下引入溯及性货币补偿措施为最合理方案的结论，并以之为蓝本对设计未来DSU补偿措施新规则提出具体构想。最后，对改革可能遇到的困难与对策进行分析，得出下述结论：如果发展中国家成员能够紧密团结一致，放弃彼此的分歧，共同支持溯及性货币补偿方案，并与不支持该方案的国家成员达成适当的利益妥协，仍有机会取得DSU补偿措施的成功改革。
[Abstract]:There are many defects in the system design of DSU compensation measures, resulting in its lack of maneuverability and poor relief to the injured members. So it has been nearly 20 years since the WTO came into effect. There have been only three successful cases of successful compensation measures. In most cases, injured WTO members have resorted to trade retaliation measures to defend their legitimate rights. Compensation measures have the advantage that trade retaliation measures do not have, that is, they do not restrict the freedom of trade. Nor will it have a negative impact on the stability and health of the multilateral trading system, as retaliation does. Therefore, many members still want to build more reasonable mechanisms for compensation measures; At the same time, many small and weak developing country members have great difficulty in taking advantage of trade retaliatory measures, and are eager to obtain more timely and adequate compensation and relief after successful litigation. The issue of compensation measures reform has become a hot topic in the negotiation of DSU dispute settlement rules revision. Members of the WTO have put forward a large number of reform proposals. How to define a reasonable and feasible reform package and seek consensus among members on it. It is the key to influence the future reform negotiation and decide whether the reform will be successful or not. This paper will discuss the problem in detail in three steps: The first chapter first introduces the relevant contents of DSU compensation measures in order to have a clear understanding of the object of the reform and at the same time briefly reviews the course of the compensation measures reform and clarifies the stage of the reform. The second chapter, combined with DSU texts and cases, discusses the main defects of the current system, and clarifies the key points of the future reform plan that must be dealt with and solved. In the third chapter, the author makes a comparative analysis of the compensation measures that have been put forward by the members, and finally draws the conclusion that the introduction of retroactive monetary compensation measures is the most reasonable scheme under the framework of DSU. Taking it as the blueprint, this paper puts forward the concrete idea to design the new rules of DSU compensation measures in the future. Finally, an analysis of the difficulties and countermeasures that may be encountered in the reform has led to the following conclusion: if developing country members are United together, they can abandon their differences and jointly support anadromous monetary compensation programmes. There is still a chance of successful reform of the DSU compensation measures by compromise with national members who do not support the plan.
【学位授予单位】：广东商学院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D996.1

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