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WTO争端解决机构受理WTO各成员之间因争端而提出的诉讼请求。然而,从根本上讲,企业才是争议措施的直接受害者。国家只是代表企业、为维护企业权益而提请诉讼,企业与WTO争端的解决密切相关。然而,在发展中成员方的企业诉前参与WTO争端解决的过程中,存在着探明WTO成员违规措施的障碍、说服政府起诉的障碍以及发展中成员内部行政申诉制度缺失的困境,这些都需要技术援助和能力建设。
WTO dispute settlement agencies accept WTO members’ requests for litigation arising from disputes. However, fundamentally, businesses are the immediate victims of controversial measures. The state only represents the enterprise and sues for safeguarding the rights and interests of the enterprise. The enterprise is closely related to the settlement of the WTO dispute. However, during the process of participating DMCs participating in the WTO dispute settlement before the lawsuit, there are obstacles to explore the non-compliance measures of WTO members, the obstacles to persuade the government to prosecute, and the plight of the lack of internal administrative appeals system among developing members. All this requires Technical assistance and capacity building.