WTO对与环境有关的贸易争端的解决机制

环境与贸易的联系日趋紧密,与环境有关的国际贸易争端将越来越多.WTO为解决这类争端做出了有益尝试和不懈努力,并初见成效.该组织的争端解决机制包括法律渊源、参与争端解决的机构、解决纠纷的程序三个方面,其中解决纠纷的程序包括磋商、成立专家小组、专家小组工作、专家小组报告、上诉、复审、仲裁,已有明显的司法化特点.这一机制仍有许多不足之处,应从多方面进行完善和发展.但它使国际贸易法史上有了一个能有效进行国际环境、贸易争端处理的超国家机构,具有重大意义.中国入世后,更要研究这一机制,利用其规则维护国家环境权益.

Environment-related Trade Dispute Settling Mechanism of WTO

Environment is close to trade day by day, more and more environment-related international trade disputes come about. WTO has made beneficial attempt unremittingly to settle this kind of dilputes and won initial success. This organization's dispute settling mechanism contains three aspects which including the legal origin, the organizations participate in dispute settling, settlement procedure. The procedure contains consultation, establishing the expert group, working of the expert group, reporting of the expert group, appealing, reexamination, arbitration. It has obvious judicature characteristics. The mechanism still has many deficiencies, it must be improved. But it enable WTO to becom a supranational organization which can settle the international environment-related trade disputes effectively in the history of the international trade law,.It has great significance. China has joined WTO, we must study this mechanism, use its rules to maintain our environment rights and interests.