美国“301条款”与WTO争端解决机制的互动及其前景预测

本文通过对美国贸易法“３０条款”的历史和现实研究,揭示了其对 ＷＴＯ 下争端解决机制的催生作用,同时通过法律、经济、政治、哲学等方面的分析,得出如下结 论：短期内美国不可能废除３０１条款;美国实施３０１条款会更加谨慎;３０１条款下的单方 面制裁更多地会被作为威慑力量,而并非实际运用。

On the Interaction of USA's "Section 301" and the WTO Dispute Resolution Mechanism and the Prospect theirof

Section 301 of The US Trade Law serves as a good example in that case. This article makes a digestion of how it came up as a"scofflaw" and resulted in the birth of the new WTO Dispute Settlement Mech- anism eventually. Furthermore, through legal, economic, political and philosophic approaches, the following conclusions are drawn that the chances are slim for the US to repeal Section 301 in the near future; its usage will become less and with additional caution; more likely and often it will functions as one deterrence rather than being resorted to actually.