从日美贸易纠纷看WTO争端解决机制中的非违约申诉

以日美照相胶片贸易争端案为例,从非违约申诉要件的构成、双方举证责任的划分、政府措施的范围和效力、利益受损与问题措施之间因果关系的认定等方面,揭示WTO争端解决机制处理非违约申诉的原则和特点,探讨现行WTO规则在约束成员方限制竞争行为上的局限和争端解决机制尚需完善的程序与规则,以及当事国在提出或应对非违约申诉时应该重视的若干问题。

The Petition of non- breach of Contracts in the WTO Dispute-Solving Mechanism Seen from the Trade Controversy between Japan and USA

The present paper reveals the principles and features of handling petitions using the WTO dispute -solving mechanism,with the controv ersy of camera films' trade between J apan and USA as a sample case,from such angles as the composition of ess ential elements of non -beach of cont racts,the division of the two partie s' evidence -supplying obligations,t he scope and effect of governmental m easures,interest impair and proble matic actions.The paper also expounds the limitations which the WTO regulatio ns have indicated in restraining the or-ganization's members and keeping co mpetitions within bounds,and dwells on the proceedings and rules of bettering the organization's dispute -solvin g mechanism and elaborates some issu es,which should be considered cautiously by the countries concerned in their r aising and handling the petitions of non -breach of contracts.