DSU补偿措施的革新路径

在WTO新一轮谈判中,争端解决机制中的补偿是一个极具争议性的议题。补偿所具有的功能性缺陷及其文本规定上的内在不足使其倍受指责。为此,WTO成员当局和学者提出了许多关于改进DSU补偿措施的对策。本文对这些对策作了详尽的分析,并结合我国实际提出了我国理论与实务界应采取的因应策略。

On the Reform of DSU''''s Offsetting Measures

Compensation in the WTO dispute settlement mechanism is quite controversial in the new round of negotiation. And its functional and provisional deficiencies are frequently condemned by member governments. Hence, member governments and scholars suggest many improvement measures, on which this paper carries a thorough and detailed research. Based on the research results, this paper, with a consideration of China' s situations, also raises some inventive improvements.