论文部分内容阅读
WTO框架下的现行外汇机制排除了世贸组织(WTO)对缔约方之间汇率争端的管辖权。由于《国际货币基金组织协定》规定的过于原则以及对成员方义务的软约束,不同国家间的汇率争端处于无法在国际法层面解决而诉诸政治方式解决的困境中。将影响贸易平衡的汇率问题纳入WTO框架解决具有足够的合理性与可行性。为了摆脱汇率争端所面临的困境,应尽快确立WTO对汇率问题的管辖权,并在程序与实体上对WTO规则进行修订与完善。
The current foreign exchange mechanism under the WTO framework ruled out the WTO’s jurisdiction over exchange rate disputes between parties. Due to the excessive principle stipulated in the “IMF Agreement” and the soft constraint on the obligations of its members, the exchange rate dispute among different countries is in a predicament that can not be resolved politically at the level of international law. It is reasonable and feasible to include the exchange rate issues that affect the trade balance in the WTO framework. In order to get rid of the predicament faced by the exchange rate dispute, the jurisdiction of the WTO on the exchange rate issue should be established as soon as possible, and the WTO rules should be revised and perfected in the procedures and entities.