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WTO改革的必要性及其议题设计

刘敬东1,2

(1.中国社会科学院国际法所)
(2.中国法学会WTO法研究会)

【摘要】WTO及其代表的国际贸易法律体制正面临空前危机, 包括WTO以及国际上主要贸易体在内的国际社会对WTO改革的必要性及其急迫性已有充分认知。WTO改革的价值取向决定着多边贸易体制及其法律制度的发展方向, 各主要贸易体之间在这方面存在着巨大争论, 中国应提出WTO改革遵循的基本原则。改革议题设计是WTO改革的前提, 是WTO改革最终成功的基础, 预示着WTO多边贸易体制的未来走向, 中国应本着支持多边体制、捍卫自身核心贸易利益、追求各方共赢的方针尽快提出议题方案, 寻求与大多数WTO成员方在改革议题方面的最大公约数。根据循序渐进的原则, 通过三个阶段的改革, 使得WTO摆脱当前生存危机, 适应21世纪国际经济法发展趋势, 进而推动WTO成为全球经济治理的典范。

【关键词】 WTO改革;必要性;议题设计;

【DOI】

Necessity of the WTO reform and the design of reform issues

LIU Jingdong1,2

(1.Institute of International Law, Chinese Academy of Social Sciences)
(2.WTO Law Research Society of China Law Society)

【Abstract】The WTO and the international trade law system are facing an unprecedented crisis. The international community, including the WTO itself and major global traders, has reached a consensus over the necessity and urgency of the WTO reform. In which direction the WTO will be reformed will determine the development direction of the multilateral system and its legal system and major traders have been vastly divided over the direction of the WTO reform. China should propose the basic principles based on which the WTO should be reformed. The design of reform issues is the premise of, and the basis for, the success of the WTO reform and it reveals the future path of the WTO system. Based on the principle of supporting multilateral system, defending its own core trade interests, and pursuing win-win results among the WTO members, China should raise its proposals on WTO reform issues and seek to find the most common ground with the majority of WTO members. Based on the gradualist principle, the WTO should, through three stages of reform, overcome the present crisis, adapt itself to the development of international economic law in the 21st century, and become the model for global economic governance.

【Keywords】 WTO reform; necessity; design of issues;

【DOI】

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    [1]. [1] DG Azevedo, “Director-General Addressing a WTO Economic Conference on 11 December 2018, entitled ’Updating Trade Cooperation’,” https://www.wto.org/english/news_e/news18_e/rese_11dec18_e.htm [2018-12-12]. [^Back]

    [2]. [1] DG Azevedo, “Director-General Addressing a WTO Economic Conference on 11 December 2018, entitled ’Updating Trade Cooperation’,” https://www.wto.org/english/news_e/news18_e/rese_11dec18_e.htm [2018-12-12]. [^Back]

    [3]. [2] See Xi Jinping’s speech entitled Look Beyond the Horizon and Steer the World Economy in the Right Direction at the 13th G20 Summit in Buenos Aires, Argentina on November 30, 2018. [^Back]

    [4]. [3] On May 31, 2018, the Office of the US Trade Representative issued Joint Statement on Trilateral Meeting of the Trade Ministers of the United States, Japan, and the European Union, stating that the US, Japan, and the EU should act together in addressing non-market-oriented policies and promoting a fair and reciprocal global trade system, speeding up the development of new rules about industrial subsidies and SOEs and creating fairer competitive environment for workers and firms, seeking effective means to resolve third-country trade distortion policies and opposing any country’s requesting or forcing foreign companies to transfer technology to the home country, and deepening cooperation under the WTO framework for full implementation of the WTO rules. [^Back]

    [5]. [4] IFM, The World Bank, WTO, “Reinvigorating Trade and Inclusive Growth,” p. 7, https://www.imf.org/ en/Publications/Policy-Papers/Issues/2018/09/28/093018-reinvigorating-trade-and-inclusive-growth [2018-12-12]. [^Back]

    [6]. [1] [America] McGinnis, J. et al. The World Trade Constitution. Zhang, B. et al. (trans.) Beijing: China Renmin University Press, 1–15 (2004). [^Back]

    [7]. [2] [Ireland] Sutherland, P. et al. The Future of the WTO: Addressing Institutional Challenges in the New Millennium. Liu, J. et al. (trans.) Beijing: China Financial & Economic Publishing House, (2005). [^Back]

    [8]. [3] The Report of the First Warwick Commission, The Multilateral Trade Regime: Which Way Forward? Coventry, U.K, University of Warwick, 2007. [^Back]

    [9]. [1] IFM, The World Bank, WTO, “Reinvigorating Trade and Inclusive Growth,” p.7, https://www.imf.org/ en/Publications/Policy-Papers/Issues/2018/09/28/093018-reinvigorating-trade-and-inclusive-growth [2018-12-11]. [^Back]

    [10]. [2] James Bacchus, “Might Unmakes Right-The American Assault on the Role of Law in World Trade,” CIGI No. 173, Centre for International Governance Innovation, Published in May 2018, p. 24. [^Back]

    [11]. [1] Zhang, X. 窗外的世界—我眼中的WTO与全球化. Beijing: China Renmin University Press, 120 (2008). [^Back]

    [12]. [2] Steger pointed out, “There are still important enduring complaints regarding the ability of most of the more than 100 developing country WTO Members to participate effectively in Green Room processes and WTO decision-making, particularly the poorest and weakest among them.” [Canada] Steger, D. (ed.) Redesigning the World Trade Organization for the Twenty-first Century. Tang, B. (trans.) Shanghai: Shanghai People’s Publishing House, 21 (2011). [^Back]

    [13]. [3] He pointed out, “Beginning with the Bretton Woods conference of 1944, key regimes for governance operated like clubs. Cabinet ministers or the equivalent, working in the same issue-area, initially from a relatively small number of relatively rich countries, got together to make rules. Trade ministers dominated the General Agreement on Tariffs and Trade (GATT); finance ministers ran the IMF; defense and foreign ministers met at the headquarters of NATO (the North Atlantic Treaty Organization); central bankers convened at the Bank for International Settlements (BIS). They negotiated insecret, then reported their agreements to national legislatures and publics. Until recently, they were largely unchallenged.”[America] Keohane, R. Liberalism, Power and Governance in a Partially Globalized World. Men, H. (trans.) Beijing: Peking University Press, 249 (2004). [^Back]

    [14]. [1] Steger believed, “All three international organizations (namely WTO, IMF, and World Bank, noted by the author) face major legitimacy and accountability crises, because their internal voting and decision-making structures do not reflect the realities of the new power relationships in the global economy. . . If the international economic organizations are to be relevant, accountable, and effective in the dynamic global economy of the 21st century, significant institutional reforms are needed. Government leaders need to make this a priority.” [Canada] Steger, D. (ed.) Redesigning the World Trade Organization for the Twenty-first Century. Tang, B. (trans.) Shanghai: Shanghai People’s Publishing House, 5–6 (2011). [^Back]

    [15]. [2] DDG Wolff, “Good Will and Creativity Can Yield Positive Results in Talks on Strengthening the WTO,” Speaking at Chatham House in London on 1, November, 2018. [^Back]

    [16]. [1] DDG Wolff, “Good Will and Creativity Can Yield Positive Results in Talks on Strengthening the WTO,” Speaking at Chatham House in London on 1, November, 2018. [^Back]

    [17]. [2] [Canada] Stanford, J. Economics for Everyone. Liu, H. et al. (trans.) Beijing: China Eastern Press, 209–210 (2009). [^Back]

    [18]. [1] [America] Jackson, J. The Jurisprudence of GATT and the WTO. Zhang, Y. et al. (trans.) Beijing: Xinhua Publishing House, 4 (2002). [^Back]

    [19]. [2] [America] McGinnis, J. et al. The World Trade Constitution. Zhang, B. et al. (trans.) Beijing: China Renmin University Press, 20–21 (2004). [^Back]

    [20]. [3] [America] McGinnis, J. et al. The World Trade Constitution. Zhang, B. et al. (trans.) Beijing: China Renmin University Press, 20–21 (2004). [^Back]

    [21]. [1] Zhao, W. World Trade Organization (世贸组织 (WTO) 的法律制度), Changchun: Jilin People’s Publishing House, 15–19 (2000). [^Back]

    [22]. [2] [America] Jackson, J. The Jurisprudence of GATT and the WTO. Zhang, Y. et al. (trans.) Beijing: Xinhua Publishing House, 23 (2002). [^Back]

    [23]. [3] Jackson once pointed out, “The WTO actually continues the GATT’s organizational philosophy and many practices in a way more accessible to the public, the media, government officials, and lawyers.” [America] Jackson, J. The Jurisprudence of GATT and the WTO. Zhang, Y. et al. (trans.) Beijing: Xinhua Publishing House, 453 (2002). [^Back]

    [24]. [1] James Bacchus, “Might Unmakes Right-The American Assault on the Role of Law in World Trade,” CIGI No. 173, Centre for International Governance Innovation, Published in May 2018, pp. 5–7. [^Back]

    [25]. [2] See the speech of Wang Shouwen as Vice Minister of the Ministry of Commerce of China and Deputy Representative of International Trade Negotiations at the press conference on issues related to WTO reform on November 23, 2018. http://finance.sina.com.cn/china/2018-11-23/doc-ihmutuec3011150.shtml [2018-11-30]. [^Back]

    [26]. [1] Council of the European Union, “WTO-EU’s Proposals on WTO Modernisation,” 05, July, 2018, Wk 8329/2018 INIT. Joint Communique of the Ottawa Ministerial on WTO Reform, Published By Media Relations Office, Global Affairs Canada, 1st, November, 2018. [^Back]

    [27]. [2] Douglas A. Irwin, Petro C. Mavroidis, Alan O. Sykes, The Genesis of the GATT, Cambridge University Press, 2008, p. 5. [^Back]

    [28]. [1] John H. Jackson, The Trading System-Law and Policy of International Economic Relation, 2nd, 1997 MIT Press, p. 147. [^Back]

    [29]. [2] Zhao, W. World Trade Organization (世贸组织 (WTO) 的法律制度), Changchun: Jilin People’s Publishing House, 109–110 (2000). [^Back]

    [30]. [1] The non-violation complaints are stipulated in Article 23.1 (b) of the GATT, namely “if any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded as the result of the application by another contracting party of any measure, whether or not it conflicts with the provisions of this Agreement.” With regard to the basic principles and its purpose of the clause, the panel of experts elaborated in the 1990 Rapeseed Case ruling, which clearly stated, “The assumptions of the treaty drafters and the application of all contracting parties all aim to protect the balance achieved by tariff reduction. Its theoretical basis is that better competitive opportunities created by legal expectation from tariff reduction will be deprived by measures violating but measures meeting the GATT. To encourage the contract parties for tariff reduction, when the equivalent reduction is impaired by measures of any other party, whether or not the measure conflicts with the GATT, they should be entitled to compensation. See Zhao, W. World Trade Organization (世贸组织 (WTO) 的法律制度), Changchun: Jilin People’s Publishing House, 438–440 (2000). For the report of the GATT Rapeseed Case panel of experts, see BISD 37S/86-132. [^Back]

    [31]. [1] The preamble to the Marrakesh Agreement Establishing the World Trade Organization states, “Recognizing that their relations in the field of trade and economic endeavor should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development. Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development. Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations. Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations. Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system. . . .” [^Back]

    [32]. [2] [Ireland] Sutherland, P. et al. The Future of the WTO: Addressing Institutional Challenges in the New Millennium. Liu, J. et al. (trans.) Beijing: China Financial & Economic Publishing House, 3 (2005). [^Back]

    [33]. [3] Zhao, W. 最惠国与多边贸易体制. Beijing: China Social Sciences Press, 53 (1996). [^Back]

    [34]. [4] John H. Jackson and William J. Davey, Legal Problems of International Economic Relations, 2d Edition, 1986, pp. 428–429. [^Back]

    [35]. [1] Zhao, W. World Trade Organization (世贸组织 (WTO) 的法律制度). Changchun: Jilin People’s Publishing House, 54–55 (2000). [^Back]

    [36]. [2] World Trade Organization Secretariat. Trading into the Future: the World Trade Organization (贸易走向未来—世界贸易组织 (WTO)概要). Beijing: Law Press China, 3 (1999). [^Back]

    [37]. [1] World Trade Organization Secretariat. Trading into the Future: the World Trade Organization (贸易走向未来—世界贸易组织 (WTO)概要). Beijing: Law Press China, 7 (1999). [^Back]

    [38]. [2] GATT has added the chapter of Trade and Development to stipulate the “non-reciprocity principle” in trade negotiations between developed and developing countries, allowing countries to grant special concessions to developing countries rather than all members, namely “special and differential treatment.” Part V, the Economic Integration of the General Agreement on Trade in Services (GATS) also allows for partial preferential treatment for developing countries. In addition, WTO agreements allowed more time to developing countries in fulfilling their commitments, tried to increase trade opportunities for developing countries by expanding market access, and asked WTO members to protect the interests of developing countries in adopting anti-dumping and safeguarding measures. See World Trade Organization Secretariat. Trading into the Future: the World Trade Organization (贸易走向未来—世界贸易组织 (WTO)概要). Beijing: Law Press China, 96–97 (1999). [^Back]

    [39]. [3] World Trade Organization Secretariat. Trading into the Future: the World Trade Organization (贸易走向未来—世界贸易组织 (WTO)概要). Beijing: Law Press China, 96 (1999). [^Back]

    [40]. [4] Sun, Z. (ed.) 多哈回合谈判中期回顾. Beijing: People’s Publishing House, 279 (2005). [^Back]

    [41]. [1] World Trade Organization Secretariat. Trading into the Future: the World Trade Organization (贸易走向未来—世界贸易组织 (WTO)概要). Beijing: Law Press China, 102 (1999). [^Back]

    [42]. [2] World Trade Organization Secretariat. Trading into the Future: the World Trade Organization (贸易走向未来—世界贸易组织 (WTO)概要). Beijing: Law Press China, 106 (1999). [^Back]

    [43]. [1] “All three international organizations (namely WTO, IMF, and World Bank, noted by the author) face major legitimacy and accountability crises, because their internal voting and decision-making structures do not reflect the realities of the new power relationships in the global economy. . . If the international economic organizations are to be relevant, accountable, and effective in the dynamic global economy of the 21st century, significant institutional reforms are needed. Government leaders need to make this a priority.” [Canada] Steger, D. (ed.) Redesigning the World Trade Organization for the Twenty-first Century. Tang, B. (trans.) Shanghai: Shanghai People’s Publishing House, 5–6 (2011). [^Back]

    [44]. [1] “The WTO lacks many of the management structures and rule-making processes that are taken for granted in other international organizations. For example, it does not have an executive body or a management board, a Director-General or Secretariat with real powers to set legislative priorities and propose new rules, a functioning legislative body, formal mechanisms to interact with stakeholders and civil society, or formal structures to approve new rules. . . In many ways, it is the ‘least developed’ of the international organizations. [Canada] Steger, D. (ed.) Redesigning the World Trade Organization for the Twenty-first Century. Tang, B. (trans.) Shanghai: Shanghai People’s Publishing House, 8–9 (2011). [^Back]

    [45]. [2] The Director-General and the Secretariat are reluctant to actively propose and design programs, as they have been very proactive in previous multilateral trade negotiations, with thankless results. Zhang, X. 窗外的世界—我眼中的WTO与全球化. Beijing: China Renmin University Press, 150 (2008). [^Back]

    [46]. [3] The staff of the WTO Secretariat believes that it is the WTO members rather than the Secretariat who should be responsible for the content of specific WTO agreements. [Canada] Steger, D. (ed.) Redesigning the World Trade Organization for the Twenty-first Century. Tang, B. (trans.) Shanghai: Shanghai People’s Publishing House, 18 (2011). [^Back]

    [47]. [4] In The Future of the WTO, it is pointed out that although the Secretariat is always highlighted, in recent years, the representatives of various members and the WTO staff have not trusted each other as before. . . in a member-led organization, the Secretariat must play just a supporting rather than initiating and defending role in the WTO system. See [Ireland] Sutherland, P. et al. The Future of the WTO: Addressing Institutional Challenges in the New Millennium. Liu, J. et al. (trans.) Beijing: China Financial & Economic Publishing House, 111 (2005). [^Back]

    [48]. [5] Carlos, as the Chairman of the General Council during the Cancun meeting, prepared a draft ministerial resolution in advance, but his name was always associated with Cancun’s failure. In addition, Harbinson, the former chairman of the World Trade Organization agriculture negotiations, proposed the famous Harbinson’s Text and was publicly rejected by eight members, which seriously injured the senior negotiator. Zhang, X. 窗外的世界—我眼中的WTO与全球化. Beijing: China Renmin University Press, 152 (2008). [^Back]

    [49]. [6] Jackson has long noticed the flaw, “One downside of requiring full consensus is that it may be a recipe for impasse, stalemate, and paralysis.” John H. Jackson, “WTO ‘Constitution’ and Proposed Reforms: Seven ‘Mantras’ Revisited,” 4 (1) Journal of international Economic Law 67, 2001, at 74–75. [^Back]

    [50]. [1] “Revitalizing Multilateral Governance at the World Trade Organization,” Report of the High-Level Board of Experts on the Future of Global Trade Governance, see www.bertelsmann-stiftung.de [2018-11-22]. [^Back]

    [51]. [2] Council of the European Union, “WTO-EU’s Proposals on WTO Modernization,” 05, July, 2018, Wk 8329/2018 INIT. [^Back]

    [52]. [1] Joint Communique of the Ottawa Ministerial on WTO Reform, Published By Media Relations Office, Global Affairs Canada, 1st, November, 2018. [^Back]

    [53]. [2] “Revitalizing Multilateral Governance at the World Trade Organization,” Report of the High-Level Board Of Experts on the Future of Global Trade Governance, see www.bertelsmann-stiftung.de [2018-11-22]. [^Back]

    [54]. [3] [Ireland] Sutherland, P. et al. The Future of the WTO: Addressing Institutional Challenges in the New Millennium. Liu, J. et al. (trans.) Beijing: China Financial & Economic Publishing House, 122–128 (2005). [^Back]

    [55]. [4] Thomas Cottier, “Preparing for Structural Reform in the WTO,” September 26, 2006. [^Back]

This Article

ISSN:1007-0974

CN: 11-3799/F

Vol , No. 01, Pages 34-57+5

January 2019

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Article Outline

Abstract

  • 1 Analysis of the background and necessity of WTO reform
  • 2 Value orientation and basic principles of WTO reform
  • 3 Issue design of the WTO reform
  • 4 Conclusion
  • Footnote