论文部分内容阅读
欧共体及其成员国都是WTO这一“经济联合国”的正式成员。这种双重成员资格现象在国际法律秩序中极为罕见。本文以为:欧共体在全球多边贸易机制中的地位之高、作用之大,取决于欧共体法和国际法两种不同的法律体系;欧共体及其成员国在WTO中的特殊法律地位是欧共体及其成员国过去与GATT之间建立的特殊关系的基础上发展而来的;虽然欧共体法院的第1/94号咨询意见对欧共体及其成员国在WTO各个多边贸易协定中的缔约资格分别进行了认定,但是这并没有解决“双重成员地位”和“混合缔约资格”给WTO体制的运作可能带来的问题,以及给其他WTO成员(以及包括中国在内的正在进行加入谈判的国家)可能产生的影响。本文最后认为:为了防患于未然,应由WTO决策机关作出一项专门的决议,敦促欧共体向WTO提交一份“权利清单”式的声明
Both the EC and its member states are full members of the WTO, the “Economic Union.” This dual membership phenomenon is extremely rare in the international legal order. The article holds that: The EC’s status in the global multilateral trade mechanism is high and its function depends on two different legal systems: the EC law and the international law; the special legal status of the EC and its member states in the WTO Was developed on the basis of the special relationship established between the EC and its member states with the GATT in the past; although the EU Court of Justice No. 1/94 issued its advisory opinion on the multilateral However, this does not solve the problems that may arise from the operation of the WTO system under the “dual membership status” and the “hybrid contracting qualification” as well as other issues that may be brought to other WTO members (as well as to China, including China) Possible impact on countries that are parties to the negotiations. At the end of this paper, in order to take preventive measures, a special resolution should be made by the decision-making organ of the WTO to urge the EC to submit a “list of rights” statement to the WTO