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WTO在法治的意义上取得了一定成就。然而,无论在立法、司法还是执法层面,WTO的成就和发展与法治的距离都还十分遥远。从立法的角度看,WTO“密室会议”的谈判方式缺乏透明度和民主参与度;多哈发展回合谈判的停滞以及各种特惠贸易协定(PTAs)谈判的进行则表明,WTO作为一种多边贸易体制已被边缘化,WTO的立法机制几近失效。从司法的角度看,WTO的争端解决机制在解决耗时过长以及对申诉方救济不足等问题时,未能实现更广泛意义上的法治。从执法的角度看,贸易政策审议机制在日常的运行中存在着许多亟待解决的问题,贸易政策审议机制所能发挥的平台作用也被严重忽视了。此外,WTO的立法机制、司法机制及执法机制还应当相互协调、相互支持、相互促进,作为一个整体共同发挥作用。只有各种机制平衡地有机运转,才能最终实现WTO成立的宗旨和目标。
WTO made some achievements in the meaning of rule of law. However, both at the legislative, judicial and law enforcement levels, the achievements of the WTO and the distance between development and the rule of law are still far away. From a legislative point of view, the lack of transparency and democratic participation in the WTO “Chamber of Sessions” negotiations, the stagnation of the Doha Development Round negotiations and the negotiation of various preferential trade agreements (PTAs) show that the WTO as a multilateral trade The system has been marginalized, and the WTO’s legislative mechanism has almost failed. From a judicial point of view, the WTO dispute settlement mechanism failed to achieve a broader sense of the rule of law in solving such problems as time-consuming and inadequate relief to the complainant. From a law enforcement point of view, there are many problems to be solved in the daily operation of the Trade Policy Review Mechanism, and the platform role that the Trade Policy Review Mechanism can play is seriously neglected. In addition, the legislative mechanism, judicial mechanism and law enforcement mechanism of the WTO should also coordinate, support each other and promote each other and work together as a whole. Only when all kinds of mechanisms operate in a balanced and balanced manner can the purposes and objectives of establishing the WTO finally be realized.