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第74章 The World Trade Organization 世界贸易组织(6)

Developing countries

Like most of the agreements adopted in the Uruguay Round, the DSU contains several provisions directed to developing countries. The Understanding states that members should give“special attention”to the problems and interests of developing country members. Further, if one party to a dispute is a developing country, that party is entitled to have at least one panelist who comes from a developing country. If a complaint is brought against a developing country, the time for consultations ( before a panel is convened) may be extended, and if the dispute goes to a panel, the deadlines for the developing country to make its submissions may be relaxed. Also, the Secretariat is authorized to make a qualified legal expert available to any developing country on request. Formal complaints against least developed countries are discouraged, and if consultations fail, theDirector-General and the Chairman of the DSB stand ready to offer their good offices before a formal request for a panel is made. As to substance, the DSU provides that the report of panels shall“explicitly indicate”how account has been taken of the“differential and more favorable treatment”provisions of the agreement under which the complaint is brought. Whether or not a developing country is a party to a particular proceeding,“particular attention”is to be paid to the interests of the developing countries in the course of implementing recommendations and rulings of panels. In order to assist developing countries in overcoming their limited expertise in WTO law and assist them in managing complex trade disputes, an Advisory Centre on WTO Law was established in 2001. The aim is to level the playing field for these countries and customs territories in the WTO system by enabling them to have a full understanding of their rights and obligations under the WTO Agreement.

multilateral / mvlti l t r l /adj. 多边的;多国的,多国参加的

unilaterally / ju ni l t r l/adv.单方面地

adjudication / d u di kei n/n.破产之宣告;判决;裁定

annex / neks/vt.附加;并吞;获得n.附加物;附属建筑物

confidential / k nfi den l/adj.机密的;表示信任的;获信任的

nullification / n lifi kein/n.废弃;无效;取消;(美)州对联邦法令的拒绝执行或承认

circulate / s kjuleit/vt.使循环;使流通;使传播vi.循环;流通;传播,流传

reverse /ri v s/n.背面;相反vt.颠倒;倒转adj.反面的;颠倒的

derail /di reil/vt.使出轨vi.出轨

compliance /k mplai ns/n.承诺;顺从,服从

retaliation /ri t li ein/n.报复;反击;回敬

binding / baindi /adj.有约束力的;捆绑的

expiry /ik spai ri/n.满期,到期;终结

suspend /s spend/vt.延缓,推迟;使暂停;使悬浮

semi-automaticadj.半自动的

subsidy / s bsidi/n.津贴;补助金;补贴

i ve up to实践;做到;不辜负

i n vi ol ati on of违反(违背)

DSU (Understandi ng on Rul es and Procedures

Governing the Settlement of Disputes)《争端解决规则与程序谅解书》

DSB (Di spute Settl em ent Body)争端解决机构

pursuantto依照,按照,依据

depri ve of剥夺;失去

i n sharp contrast wi th同形成鲜明的对照

the Appel l ate Body上诉机构

The GeneralCounci l总理事会

Advi sory Centre on W TO LawW TO法律咨询中心

1.SB (Dispute Settlement Body,争端解决机构): The DSB is, in effect, a session of he General Council of the WTO; that is, all of the representatives of the WTO member overnments, usually at ambassadorial level, meeting together. It decides the outcome of a trade dispute on therecommendation of a DisputePanel and ( possibly) on a report from the Appellate Body of WTO, which may have amended the Panel recommendation if a party chose to appeal. Only theDSB can make these decisions: Panels and the Appellate Body are limited to making recommendations.

2. Ad hoc (专设,专为): Ad hoc is a Latin phrase which means“for this purpose”. It enerally signifies a solution designed for a specific problem or task, non-generalizable, nd which cannot be adapted to other purposes. Common examples are organizations, ommittees, and commissions created at the national or international level for a specific ask. In other fields the termmay refer, for example, to a tailor-madesuit, a handcrafted network protocol or a purpose-specific equation. Ad hoc can also have connotations of a makeshift solution, inadequate planning, or improvised events.

3. Advisory Centre on WTO Law (ACWL, WTO法律咨询中心): The ACWL is an nternational organisation established in 2001 to provide legal advice on WTO law, upporting in WTO dispute settlement proceedings and training in WTO law to least eveloped countries, developing countries and customs territories, and countries with conomies in transition. The Centre, which is based in Geneva, has 37 Members: 10 developed country Members, and 27 Members entitled to the services of the ACWL i.e. developing countries or developing customs territories or economies in transition as isted in Annex II to the Agreement Establishing the Centre) . Least developed countries re entitled to the services of the ACWL without having to become Members thereof.