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利用WTO的争端解决机制来解决中国与贸易伙伴国之间的贸易摩擦曾被广泛认为是中国入世的主要收益之一。通过乌拉圭回合强化规则的改革,WTO的争端解决机制克服了GATT时期的众多缺陷,成为更加及时、自动和具有约束力的国际贸易争端解决途径,但并未实现在WTO框架下国际范围的公平贸易。从WTO争端解决的政策结果和WTO成员执行判决的情况来看,实力在WTO的争端解决过程中仍然扮演着重要角色,这是由国际政治经济现实所决定的,并不会因为WTO争端解决机制强化规则的努力而有所改变,更何况强化规则是在美、日、德、英等贸易大国的主导下完成的,本身就是其意志的反映。
The use of WTO’s dispute settlement mechanism to resolve trade frictions between China and its trading partners has been widely regarded as one of the major gains of China’s accession to the WTO. Through the reform of the Uruguay Round to strengthen rules, the WTO dispute settlement mechanism has overcome many shortcomings in the GATT era and become a more timely, automatic and binding way to resolve international trade disputes. However, it has not achieved fair trade in the international market under the WTO framework . Judging from the policy outcome of the WTO dispute settlement and the enforcement of judgments by WTO members, the strength still plays an important role in the WTO dispute settlement process, which is determined by the reality of the international political economy and not because of the WTO dispute settlement mechanism Strengthen the rule of the endeavor and change, let alone strengthen the rules in the United States, Japan, Germany, Britain and other major trading nations to complete, itself is a reflection of its will.