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WTO法与作为国际组织的WTO相辅相成,是包括庞大的条约法及有关法律文件或渊源的复杂体系。WTO法的“伞形”条约结构涵盖了“一揽子协定”及诸边协定,还有大量货物或服务贸易的减让表与新加入WTO成员的议定书及附件。WTO争端解决的条约解释是“活的”WTO法。WTO法的许多“惯例”也是重要的组成部分。反思WTO的二十年,可以发现其具有争端解决的强制管辖、丰富的条约解释等优点,但也显然存在决策机制效率低、区域贸易安排缺少协调和争端解决的贸易救济不够等缺点。针对“WTO法是模范国际法”的观点,本文认为应作具体分析,避免一概而论,不应全盘肯定。展望WTO法的未来,中国需要WTO,WTO也需要中国。中国应当积极参与新的国际经贸法律秩序的建设;同时,中国必须加快国内经济社会等各方面改革,促进经济发展模式的改变,朝着以制度创新、技术创新为导向的发展道路迈进。只有中国自身真正强大到足以替代美国的经贸地位时,包括更加健全的WTO法在内,新的国际经贸法律秩序才可能形成。
The WTO law and the WTO as an international organization complement each other and are complex systems that include a huge body of treaty law and related legal documents or sources. WTO law “umbrella ” treaty structure covers “package agreement ” and plurilateral agreements, there are a large number of goods or services trade schedules and new accession to WTO members of the protocol and annex. The treaty interpretation of WTO dispute settlement is “living ” WTO law. Many “conventions” of the WTO law are also an important part. Reflecting the two decades of WTO, we can find that it has the advantages of compulsory jurisdiction with dispute settlement and abundant treaty interpretation. However, there are also some shortcomings such as inefficiency of decision-making mechanism, lack of trade remedy due to lack of coordination and dispute settlement in regional trade arrangements. In view of the view that “WTO law is a model of international law ”, this paper argues that concrete analysis should be made to avoid generalization and should not be entirely affirmed. Looking forward to the future of WTO law, China needs the WTO, and the WTO also needs China. At the same time, China must speed up reforms in all aspects of its domestic economy and society and promote changes in its economic development pattern, moving toward a development path that is guided by institutional innovations and technological innovations. Only when China itself is truly powerful enough to replace the economic and trade status of the United States will a new order of international trade and economic order be formed, including a more robust WTO law.