WTO争端解决机制裁决的执行问题研究

发布时间：2018-10-17 17:39

【摘要】：WTO争端解决机制为解决WTO成员之间的贸易争端、保障WTO多边贸易体制的健康运行作出了巨大的贡献。作为WTO争端解决机制最后一道程序的执行制度,其重要性不言自明。司法裁决能否得到有效执行,正是考察一个法律体系的争端解决机制是否完备、能否有效运转的一个重要衡量标准。然而,在WTO争端解决的实践中,执行制度暴露出了许多问题和缺陷,只裁不行的案件屡见不鲜,这使得WTO成员不得不重新审视这一制度。目前,如何对争端解决机构裁决的执行机制进行修改,已成为热门研究领域和世界贸易组织谈判的议题之一 WTO较GATT而言对执行程序规定了明确的时间界限,通过监督机制、补偿程序、报复程序,尤其是交叉报复程序加大了DSB裁决的执行力度,但也难以避免存在自有缺陷,譬如合理期间容易恶意利用,执行监督程序规则过于简单,交叉报复对发展中国家欠公平等等,这就使得这一机制本身非但不能促进争端解决,反而会引发一系列其他问题,因而对其改革势在必行。DSU谈判历时多年,针对DSU改革问题WTO各成员也纷纷献计献策,而我国作为WTO成员之一,近年来与WTO其他成员的贸易争端成逐步增多的态势,并已切实感受到执行制度的挑战,如何积极应对也是我国面临的现实问题。因而对我国而言,对WTO争端解决机制的执行制度进行研究意义重大。本文希望通过全面、多角度地分析裁决执行这一程序制度,客观地评价其价值、作用,通过实证和对比分析的方法明确其利弊,力求通过对DSU中主要执行条款的解读,并结合各WTO成员对DSU的修改提案,归纳裁决执行阶段的现实运作,发现其中问题和亟待完善之处,并提出相应的改革建议,争取为进一步开展WTO争端解决机制及其执行程序的研究,促进各国积极参与并和平解决国际经贸争端,维护和实现各国经济利益作出贡献。并在此基础上提出我国应对这一执行制度的可控性建议,为我国更好的利用该制度构建桥梁。
[Abstract]:The WTO dispute settlement mechanism has made great contributions to the settlement of trade disputes among WTO members and to the healthy operation of the WTO multilateral trading system. As the last procedure of the WTO dispute settlement mechanism, its importance is self-evident. Whether the judicial decision can be effectively implemented is an important measure to examine whether the dispute settlement mechanism of a legal system is complete and whether it can be operated effectively. However, in the practice of WTO dispute settlement, many problems and defects have been exposed in the implementation system, which makes the WTO members have to re-examine the system. At present, how to modify the enforcement mechanism of the dispute settlement bodies' rulings has become one of the hot research areas and one of the topics in the World Trade Organization (WTO) negotiations. WTO has defined a clear time limit for the implementation procedures compared with the GATT. Through the supervision mechanism, the compensation procedure, the revenge procedure, especially the cross-revenge procedure, the enforcement of the DSB ruling has been strengthened, but it is also difficult to avoid the inherent defects, such as the possibility of malicious exploitation within a reasonable period, and the simple enforcement of the supervisory procedure rules. Cross-revenge is unfair to developing countries, and so on, which makes the mechanism itself not only unable to promote dispute settlement, but also raises a series of other problems. Therefore, it is imperative to reform it. The DSU negotiations took many years. As one of the members of DSU, trade disputes with other members of WTO have been increasing in recent years, and the challenges of the implementation system have been felt. How to respond positively is also the realistic question that our country faces. Therefore, for our country, it is of great significance to study the implementation system of WTO dispute settlement mechanism. This paper hopes to analyze the procedural system of the enforcement of the award from a comprehensive and multi-angle way, to objectively evaluate its value and function, to clarify its advantages and disadvantages by means of empirical and comparative analysis, and to strive to interpret the main implementing clauses in the DSU. Combined with the amendment proposal of each WTO member to the DSU, the paper summarizes the actual operation of the ruling execution stage, finds out the problems and needs to be improved, and puts forward the corresponding reform suggestions. It aims to contribute to the further study of the WTO dispute settlement mechanism and its implementation procedures, to promote the active participation and peaceful settlement of international economic and trade disputes, and to safeguard and realize the economic interests of all countries. On the basis of this, the author puts forward some controllable suggestions for our country to make better use of the system.
【学位授予单位】：天津财经大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.1

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