论文部分内容阅读
禁止反言是英美法系中的一个十分重要的概念和原则。在WTO争端解决实践中,禁止反言已经数次被提及,但迄今为止,禁止反言是否适用于WTO成员方间有关WTO协定权利义务的争端还很不清楚。从已通过的专家组和上诉机构报告来看,专家组和上诉机构对将禁止反言引入WTO争端解决机制是很谨慎的。但禁止反言作为一项基本的程序公正概念,不会永远被WTO争端解决机制排除适用。
Prohibition of aversion is a very important concept and principle in Anglo-American legal systems. In the WTO dispute settlement practice, the prohibition of aversion has been mentioned several times, but so far it is still not clear whether the prohibition of aversion or not is applicable to disputes between WTO members concerning the rights and obligations of WTO agreements. From the reports of the panel of experts and the appellate bodies that have been adopted, the panel and the appellate body are very cautious about introducing a ban on the introduction of anti-WTO dispute settlement mechanisms. However, the prohibition of anti-allaying as a basic notion of procedural fairness will not always be excluded from the WTO dispute settlement mechanism.