论世贸组织体系下的司法审查对象

WTO(世贸组织)体制下的司法审查对象从总体看应为各成员政府的对外贸易管理行为或措施,实践中往往反映为各种贸易壁垒措施。司法审查对象针对的是被审查行为的性质,解决的是被诉主体及其行为的可诉性问题。从WTO各成员的国内司法审查和WTO／DSB的国际司法审查来看,司法审查对象亦有国内与国际之分。前者根据各国不同体制而异,但以具体行政行为或措施为主;后者以各成员的抽象措施为主,但并不涉及可诉性与非可诉性问题,而有违反之诉与非违反之诉之分。

The Subject Matter of Judicial Review under WTO System

The subject matter of judicial review under WTO system should be in general the acts or measures for foreign trade control from member states of WTO, which are always reflected as all kinds of trade barrier measures. Such a subject matter mainly refers to the nature of reviewed acts with the problem to deal with the status of defendants and whether their acts are litigable. The subject matter of judicial review can be in different form respectively under international judicial review system of WTO as well as national judicial review system of member states. The former mainly refers to the concrete executive acts or measures. They are different because of the various systems in every country. The latter mainly refers to member states' abstract measures without the issue of litigable act, which consists of complaints against violation and non-violation.