论世贸组织争端解决机制的强制执法措施

贸易报复或中止义务事实上是一种双刃剑式自助救济,但在WTO法中却是一种强制执法措施。世贸组织把这种自助救济手段纳入其争端解决机制,不仅使它满足一定的先决条件,而且施加了严格的规则,使之成为WTO成员最后的临时救济手段,以发挥其引导成员遵守WTO法律义务的应有作用。世贸组织12年来的法律与实践表明,在世贸组织争端解决机制中,中止义务这种救济手段,具有临时性、无追溯性、强制性、组织性、制裁性、非惩罚性、对等性和局限性,需要继续改进与完善。

The Enforcement Measure of the WTO Dispute Settlement Mechanism

Suspension or concessions of other obligations is a kind of self-help remedy,which is a de facto two-edged sword,but a de jure enforcement measure of the WTO dispute settlement system.WTO has brought this self-help remedy mechanism into its dispute settlement system as WTO members' last and temporary remedy.It not only has to satisfy certain prerequisite,but also to follow strict rules,so that it could play a role in guiding WTO members to abide by their WTO obligations.The law and practice of the WTO in the past 12 years shows that,within the dispute settlement system,this remedy of suspending obligations has the characteristics of temporary,non-retrospective,compulsory,institutional and reciprocal measure,it is sanction without punishment.As a negative reciprocity,it also has limitations and needs further development and improvement.