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WTO对作为最后救济手段的报复控制很严,如成员没有授权不得实施报复,报复措施须符合WTO规定,其水平必须等于违法措施造成的损害水平等。报复水平的高低直接关系到WTO法的救济力度和公平正义,WTO专门创立了仲裁程序以裁定报复水平。WTO成立14年来,报复水平的仲裁实践积累了大量案例,特别是仲裁员做出的司法解释,澄清了有关概念和程序,促使人们思考WTO法律体制中的深层次问题。
The retaliation for the WTO as a last resort is strictly controlled. Retaliation measures must be conducted in accordance with the WTO rules and levels must equal the level of damage inflicted by the illegal measures if the members are not authorized to retaliate. The level of retaliation is directly related to the relief and fairness and justice of the WTO law. The WTO has specifically established an arbitration procedure to determine the level of retaliation. In the 14 years since the WTO was established, a large number of cases have been accumulated in the arbitration practice of retaliation. In particular, judicial interpretations made by arbitrators have clarified relevant concepts and procedures and prompted people to think deeply about the deep-rooted problems in WTO’s legal system.