论WTO中的发展权

发展权是作为个体的人和作为人的集体的国家和民族自由地参与和增进经济、社会、文化和政治的全面发展并享受发展利益的一种资格或权能,是全体人类对全面发展的本质要求。发展权已超越国际人权法的特定范围,成为指导包括WTO在内的国际关系各领域的一般国际法原则。WTO规则的实体规范和程序规范均包含了有利于发展中国家和人民发展权实现的因素,但其在整体上有利于发达国家而不是发展中国家。将发展权这种综合性的人权纳入WTO,可以在整体上矫正GATT/WTO运行以来所奉行的传统发展理论对人权的漠视和侵害,并按照人权的要求对WTO进行民主化改革,强化WTO以人为本的精神,以人权的规尺推进全球公平正义的实现,而不是将其作为已有特殊和差别待遇的辅助措施。

On the Right to Development in the WTO

The right to development refers to the competence or the qualification that individual persons and countries or nations as collective people freely participate and promote the economical,social,cultural and political integrated development and enjoy the benefit thereof. It is the essential requirement of the man-kind for integrated development. The right to development has surpassed the specific scope of international hu-man rights law and has become the general principle of international law to guide international relations in dif-ferent fields including the WTO. Although both substantive and procedural rules of the WTO include factors being advantage to accomplishing the right to development for developing countries and their people ,these rules actually mainly benefit developed countries. Therefore,to introduce the right to development into the WTO can rectify the disregarding and infringement of human rights caused by traditional development theories which have been applied since the functioning of the GATT/WTO. Moreover,advanced democratic reforms of the WTO can be undertaken according to the need of human rights,and the spirit of humanitarianism of the WTO can be strengthened as well. The realization of global fairness and justice should be promoted by the standard of human rights rather than being considered as auxiliary measures against the existed special and dif-ferential treatments.