摘要
2018年的中美贸易战中,美方针对中方采取的单边关税措施和中方采取的报复措施,凸显了在国际贸易领域中,世界贸易组织条约规则这样一种特别法和一般国际法规则之间的复杂互动关系。对各方的行为,可以依照现行法对违法与否作出明确的判断。违反国际法规则的一方,会招致对方依据条约规则和一般国际法规则进行贸易报复,从而承受其行为后果。
During the trade war between the US and China in 2018,the former has taken unilateral tariff measures against China and the latter also has taken measures as retaliation to the former.The trade war happened between the two important members of the WTO multilateral trade system indicates the complicated and dynamic relationship between the WTO trade rules as a lex specialis and the general international law as a lex generali.The lex lata is the criterion to judge which party violates its obligations.The party who is the wrongdoer may incur the trade retaliation from the counterparty according to treaty rules and general international law rules,and has to undertake the legal consequences due to its act.
出处
《经贸法律评论》
2019年第1期62-68,共7页
Business and Economic Law Review
关键词
WTO
贸易报复
特别法
一般法
现行法
拟议法
WTO
Trade Retaliation
Lex Specialis
Lex Generali
Lex Lata
Lex Ferenda
