WTO争端案件执行阶段受损企业司法救济问题探析

当败诉方迟延甚至拒绝执行DSB报告时,企业往往是最大的受害者,而且很难得到补偿或其他救济。这不仅对受损企业显失公平,同时也对WTO的信任度带来不利影响。我们的任务是找到一种各方都能接受的最佳解决方式,既能够在目前的体制框架下维护企业的利益,又不至于降低WTO成员方在执行争端裁决方面所享有的自由处置权。

Analyse the Claim for Compensation of Damaged Enterprise During Implementating WTO Lawsuit

The enterprise often is the biggest victim When the losing party delays or refuses to carry out the DSB report.Moreover,it is very difficult for them to obtain compensation or other relief.That is unfair to injury enterprises,at the same time,that brings about the adverse effect to the WTO confidence level.In this paper,our task is to find the best solution method which is a mutually acceptable settlement way of the problem.We try to find a way to accommodate their interests within the current settlement system,without reducing the discretion WTO Members enjoy in the implementation of the reports.