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WTO作为当今世界最重要的分配社会资源的法律制度,一直由发达国家依其所崇尚的新自由主义思想发起和主导,结果是漠视发展中国家的特殊情形,注重程序正义,忽视实质正义,其裁决缺乏公正性,导致诸多社会冲突。因此,必须从发展的视角,依据现行国际法公正理论及国际发展法中的思想,重构WTO争端解决机制公正裁决理论框架和制度,提高WTO裁决的公正性。发展中国家应加强团结,积极开展理论研究,尽早打破发达国家主宰WTO法律制度的不合理局面,为重构WTO公正裁决理论框架和制度及切实维护发展中国家的利益而不懈斗争。
As the most important legal system for distributing social resources in the world today, WTO has always been initiated and led by developed countries in accordance with neo-liberal ideologies advocated by them. The result is that they ignore the special circumstances of developing countries, pay attention to procedural justice and ignore substantive justice. The lack of impartiality of the ruling resulted in many social conflicts. Therefore, we must reconstruct the theoretical framework and system of just judgments of the WTO dispute settlement mechanism from the perspective of development, the current fair theory of international law and the thinking of international development law, and improve the impartiality of WTO ruling. Developing countries should strengthen solidarity, actively conduct theoretical research, break the irrational situation in developed countries’ domination of the WTO legal system as early as possible, and make unrelenting efforts to reconstruct the theoretical framework and system for WTO impartial adjudication and earnestly safeguard the interests of developing countries.