摘要
随着我国对外贸易的迅速扩增,与其他WTO成员的贸易争端也日趋频繁。WTO争端解决的关键是通过条约解释澄清其成员的权利与义务,审查系争国内法是否符合WTO有关协定。本文首先论述WTO争端解决中的国内法概念,然后着重地分别探讨专家组审理与上诉复审的国内法审查,最后分析我国应对WTO争端解决的国内法审查问题。
It is on the increase of trade disputes between China and other WTO Members while Chinese foreign trade is developing quickly. The key of WTO dispute settlement is the examination of domestic law at issue to find whether it is inconsistant with the WTO covered Agreements by the interpretation of treaty to clarify the Members＇ rights and obligations. Firstly, this paper will present an idea of domestic law in WTO dispute settlement. Secondly, it will be focused on the examination of domestic law in both proceedings of panel and appeal. Finaly, it will analyze the issues of examination of Chinese domestic laws in WTO dispute settlement.
出处
《法学家》
CSSCI
北大核心
2008年第3期145-153,共9页
The Jurist
关键词
WTO
争端解决
国内法审查
WTO
Dispute Settlement
Examination of Domestic Laws
