WTO法上救济的前瞻性

WTO法上的救济"前瞻"而不"后顾",在国际法上是一个独特的体制,这是实践发展的产物.保存未来关系的考虑并不意味着救济在WTO法领域没有意义;损失难以计算也不是WTO弱化救济的充分理由.以救济的弱化为代价,换取争端解决程序上的越来越司法化,这是问题的实质.救济不足在实践中产生了不少问题,但是在WTO法领域确立完全的救济制度过于理想,在现有框架内提高救济的效率更为可行.

Prospective Remedies in WTO Law

As a spontaneous practice,the remedial rule for breach of WTO law is regarded as a "self-contained regime" in international law for its being prospective rather than retrospective.While the consideration of keeping future relations doesn't render remedies meaningless in WTO law,the difficulties of calculating loss are not just reasons for DSU to weaken remedies.The truth is that it's the cost of highly judicialized DSU procedure.The insufficiency of remedies has been problematic in reality.However,it's a Utopia to seek full recovery in WTO law,and the pragmatic way is to seek higher efficiency within the existing framework.