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世界贸易组织争端解决机制是为解决WTO成员间为执行WTO涵盖协定所产生的争端而建立的。它是世界贸易体制的支柱。由于WTO争端解决机制赖以确立的法律文件未对该机制的性质作出界定,加上该法律文件本身的独特用语和程序极易使人们产生不同的理解。目前法学界对WTO争端解决机制的性质众说纷纭。本文从机制赖以建立的背景和机制的构成来分析得出WTO争端解决机制是个兼具司法性与政治性,以政治性为主导,复杂、独特的新型争端解决机制。
The dispute settlement mechanism of the World Trade Organization was set up to solve disputes between WTO members in implementing the WTO-covered agreements. It is the backbone of the world trading system. Because the legal documents on which the WTO dispute settlement system is based fail to define the nature of the mechanism, coupled with the unique terminology and procedures of the legal documents itself, it is easy for people to have different understandings. At present, there are many different opinions on the nature of WTO dispute settlement mechanism in legal circles. Based on the background and mechanism of the mechanism, the dissertation draws a conclusion that the WTO dispute settlement mechanism is a new type of dispute settlement mechanism that is both judicial and political, and is dominated by politics and complex and unique.