摘要
有关WTO宪政的论断不断出现在学者的著述中,同时也受到WTO成员方和国际社会的普遍关注。一些学者认为,准司法的争端解决机制促使专家组和上诉机构可以超越职权,能动地进行"司法造法"。而事实上,无论是WTO的宪政安排抑或是具体法律解释规则的规定,都限制了司法能动的发生。
In recent years, WTO constitutionalism has been discussed attracted attention from the WTO members. Some scholars suggest that the ded its authority and justify it as judicial lawmaking. However, based on WTO and the rules of treaty interpretation, the judicial activism is subject in the studies on trade law, and has Dispute Settlement Body has exceethe constitutionalism arrangement of to many restrictions.
出处
《西南政法大学学报》
2008年第6期36-42,共7页
Journal of Southwest University of Political Science and Law
关键词
WTO
宪政
条约解释
WTO
constitutionalism
treaty interpretation
