中国的两项权利是： 一、贸易报复。问：中国的贸易报复权是否可以行使？特别是中方是否可以宣布对美直接实施贸易报复？若你的答案是不可以，则说明你已读懂了WTO争端解决规则。 二、要求仲裁。问：由谁来仲裁？WTO争端解决机制下的仲裁用以解决什么问题？如果你知道一般仲裁的事项在此争端中与中国不搭界,中方要求仲裁的权利在本案无法用，则说明你已将WTO争端解决机制搞得很清楚了。 WTO争端解决是规则导向的，讲其他问题无济于事。坦率地说，中国应该坦然授受失败。 (有机会请大家看我的书：《国际贸易摩擦与应对研究》，中国人民大学出版社，2011年5月版) 以下英文为此争端结论和裁决部分： WT/DS399/AB/R Page 122 VII. Findings and Conclusion 339. For the reasons set out in this Report, the Appellate Body: (a) with respect to the USITC's analysis of whether imports from China are increasing rapidly within the meaning of Paragraph 16.4 of the Protocol, upholds the Panel's finding, in paragraph 7.110 of the Panel Report, that the USITC did not fail to properly evaluate whether imports from China met the specific threshold under Paragraph 16.4 of China's Accession Protocol of "increasing rapidly"; (b) with respect to whether rapidly increasing imports from China are "a significant cause" of material injury to the US domestic industry within the meaning of Paragraph 16.4 of China's Accession Protocol: (i) upholds the Panel's finding, in paragraph 7.216 of the Panel Report, that the USITC did not err in its assessment of the conditions of competition in the US market; (ii) upholds the Panel's finding, in paragraph 7.261 of the Panel Report, that the USITC's reliance on overall coincidence between an upward movement in subject imports and a downward movement in injury factors supports the USITC's finding that rapidly increasing imports from China are a significant cause of material injury to the domestic industry within the meaning of Paragraph 16.4 of China's Accession Protocol; (iii) upholds the Panel's finding, in paragraph 7.378 of the Panel Report, that China has failed to establish that the USITC improperly attributed injury caused by other factors to subject imports; (iv) finds that the Panel did not act inconsistently with its duties under Article 11 of the DSU in its analysis of the USITC's determination that rapidly increasing imports from China were a significant cause of material injury to the domestic industry; and accordingly (v) upholds the Panel's finding, in paragraph 7.379 of the Panel Report, that the USITC did not fail properly to establish that rapidly increasing imports from China were a significant cause of material injury to the domestic industry within the meaning of Paragraph 16.4 of China's Accession Protocol. WT/DS399/AB/R Page 123 340. Given that we have not found in this Report that the United States acted inconsistently with any of its WTO obligations, we make no recommendation to the DSB pursuant to Article 19.1 of the DSU. Signed in the original in Geneva this 12th day of August 2011 by: _________________________ Jennifer Hillman Presiding Member _________________________ _________________________ Shotaro Oshima Peter Van den Bossche Member Member
标签: 贸易争端
