英语翻译
英语翻译
WTO《争端解决规则与程序谅解》将上诉机构的管辖权限定于上诉通知中对专家小组裁决报告的法律结论和法律解释的上诉.然而,在争端解决实践中,上诉机构一方面遵循其边界限制,甚至在事实客观评估问题上进行了自我限制.另一方面,在有关对专家小组管辖权和司法经济原则适用的上诉问题上,为有效解决贸易争端,上诉机构又非常谨慎地突破了其管辖权的法律边界.所以如何使上诉机构在二者之间取得平衡点,是本文要探讨的问题.
WTO "dispute is resolved are understood " will lodge an appeal sets a limit to appealing judging the advisory law conclusion and law interpretation in lodging an appeal in notice to specialist sub-group.But,in resolving practice in the dispute,lodge an appeal organization abides by whose border on one hand restricting ,the objective estimates that oneself restricts even in fact having been in progress on problem.On the other hand,problem is listed in in relevant couple of specialist sub-group jurisdiction and appealing of judiciary economy principle suitable for use,law border being that the organization ,lodging an appeal has broken whose jurisdiction very cautiously there is an effect resolved the trade dispute.Lodge an appeal therefore how to make organization first ,second between get balance burn,problem being the main body of a book need to discuss.