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观察员制度是晚近许多国际组织间进行合作的主要方式之一。它是发端于联合国的实践,随后被许多国际组织广泛运用并衍生出各具特色的制度安排。其中,WTO相对详尽的观察员规则在WTO推进经济全球化的进程中发挥了积极作用。然而,在国际政治和该规则本身缺陷的双重制约下,WTO也面临着诸如观察员地位误用、是否将NGO纳入观察员范围及观察员的责任承担机制等挑战。只有重新审视观察员制度的本质,在维护WTO职能和平衡各成员方利益的基础上对观察员制度进行完善,才能充分发挥其灵活性优势,从实质上推动WTO全球经济合作的进程。
The observer system is one of the main forms of cooperation between many international organizations in recent history. It originated in the United Nations practice and was subsequently widely used by many international organizations and resulted in distinctive institutional arrangements. Among them, the relatively detailed observer rules of the WTO played an active role in the progress of the WTO in promoting economic globalization. However, under the dual constraints of international politics and the inherent shortcomings of the rules, the WTO is also facing challenges such as the misuse of observer status, the inclusion of NGOs in the scope of observers and the accountability mechanism of observers. Only by reexamining the nature of the observer system and perfecting the observer system on the basis of safeguarding the functions of the WTO and balancing the interests of the various member states can we give full play to its flexibility advantage and substantially promote the process of WTO’s global economic cooperation.