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作为一种独特的国际贸易法体系,WTO建构了自成体系的国际法治模式。WTO的法治,主要反映在其规则趋向的推进运动及其成果之中。从机构演变、法律体系、裁判制度和法律实施等方面,可以探讨WTO法治的特点。WTO机构演变中的法治,主要体现为组织机构上的外交取向和决策方式的协商一致。WTO规范层面的法治,主要体现为WTO的法律体系基本形成,并且具有规范的梯级结构和一定程度的宪法化。WTO争端裁决的司法化颇具特色,是推进WTO法治的重要条件。WTO成员层面的法治,则要求WTO法在各成员国内法内的适当实施,以使WTO法治融入国内法治之中。
As a unique system of international trade law, the WTO has established a self-contained international model of the rule of law. The rule of law in the WTO is mainly reflected in the advancing movement of its rules and its achievements. From the institutional evolution, the legal system, the referee system and the implementation of laws, we can explore the characteristics of the WTO rule of law. The evolution of the WTO institutions, the rule of law, mainly reflected in the organizational structure of the diplomatic orientation and decision-making consensus. The rule of law at the WTO normative level is mainly embodied in the basic formation of the legal system of the WTO, with a standardized cascade structure and a certain degree of constitutionalization. The judicialization of the WTO dispute award is quite distinctive and is an important condition for promoting the rule of law in the WTO. The rule of law at the WTO member level requires that the WTO law be properly implemented within the laws of each member so that the rule of law in the WTO can be incorporated into the rule of law in the country.