分歧与和谐:析WTO争端解决机制的法律适用

关于WTO争端解决机制的法律适用问题,目前学术界存在“并入说”与“自足说”之争。两种学说分歧实质在于WTO法的属性是开放性还是自足性。从WTO争端解决机制发展而言,似应取两种学说之长,这一方面可以使DSB有效解决成员方之间的贸易争端;另一方面可以使DSB的裁决报告受到WTO成员方更广泛的接受,从而使WTO法随着时代的发展而与时俱进。

Discrepancy and Reconciliation: An Analysis on the Applicable Law for the WTO Dispute Settlement Body

With respect to the applicable law for DSB, scholars at present have a controversy about "incorporation" and "self-contained regime." The essence of the difference between the two doctrines lies in whether the nature of WTO laws is open or self-contained. This author maintains that for the improvement of WTO dispute settlement mechanisms, the merits of both doctrines should be accepted, which will not only enable DSB to effectively settle the trade disputes of the members, but also ensure the reports of DSB to be well accepted by the members so as to increase the legitimacy of WTO laws.