论WTO争端解决机制中赔偿救济制度的嵌入--基于发展中成员方的视角

WTO争端解决机制中赔偿救济制度的嵌入有助于多边贸易体制的有效运行,将使争端解决中胜诉方的经济权益得到更为现实地保障.发展中成员方在参与和变革WTO争端解决机制的过程中有了更多的话语权,发达成员方也有强化争端机制的需求,使得赔偿制度的嵌入有其现实和可行性.赔偿救济制度的构建内容包括明确其在整个救济措施体系中的地位和性质、赔偿制度的适用情形、赔偿范围和数额、赔偿方式等方面.

On Entry of Compensation and Relief System into Settling WTO Disputes at the Angle of Developing members

The entry of compensation and relief system into the mechanism of settling WTO disputes is helpful to the effective operation of multilateral trade system, which will secure the economic right of winning party. In the process of participating and reforming the mechanism of settling WTO disputes, developing members enjoy more fights of speech, and developed members require strengthening the mechanism, which makes sure that it is realistic and feasible for the compensation and relief system. The contents of constructing such a system include making clear its position and nature in the whole relief system, its applicable cases, and its compensating area, amount and ways etc.