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撤销或纠正违反世贸组织协定的有关措施,大致相当于国家责任法中的停止不法行为,是世贸组织争端解决机制所提供的首要救济。其作用首先主要是终止一个仍在进行中的国际不法行为,以保证被侵犯的世贸组织原则和规则能够继续有效和得到遵守;其次是保证有关成员将来遵守世贸组织协定所规定的义务。为此,在世贸组织争端解决法律与实践中,争端解决机构关于撤销或纠正违反世贸组织协定的措施的建议,主要表现为一种相符的、一般的和预期性的建议,而不是撤销的、具体的和追溯性的建议。终止不法行为这种责任形式,对于促进世贸组织成员遵守与履行义务,虽然很有现实意义,但仍有待改进和完善。
The withdrawal or rectification of relevant measures that violate the WTO agreements is roughly equivalent to the cessation of wrongdoing in the State responsibility law and is the first relief provided by the WTO dispute settlement mechanism. Its role is primarily to terminate an internationally wrongful act that is still ongoing in order to ensure that the principles and rules of the WTO that have been violated continue to be valid and adhered to, and second, to ensure that relevant members will comply with their obligations under the WTO agreement in the future. Therefore, in WTO dispute settlement law and practice, the proposal of the dispute settlement body to withdraw or redress the measures that violate the WTO agreement is mainly a conformant, general and anticipatory proposal instead of being withdrawn, Specific and retroactive advice. Such a form of responsibility for terminating the wrongful act remains to be improved and perfected, although it is of great practical significance to promote WTO member compliance and performance of obligations.