國際貿易條約評估及其機制的界定研究

Study on the Appraisal of International Trade Agreements and the Definition of Their Mechanisms

國際貿易條約作為國家之間相互權利與義務的約定，關涉國家重大利益的安排，故其決策應科學化、民主化和法治化。但WTO協定、國際人權協定，以及我國既已簽署的自由貿易協定中評估相關的中英文表述比較混亂，急需正本清源。國際貿易條約的評估可分為締約前影響評估和締約後履行評估，前者注重談判結果的預測，旨在確立談判策略；後者注重條約履行效果，旨在重啟談判，或協商修改條約。國際貿易條約的評估機制作為條約評估的“規律性模式”，主要包括觸發、實施和回應等三個主要程序。

As an agreement on the mutual rights and obligations of countries, international trade agreements are arrangements related to the major interests of the state, so their decision-making should be scientific, democratic and rule-of-law. However, from the WTO agreements, international human rights agreements, and free trade agreements that China has signed, the relevant Chinese and English expressions are confused, and it is urgent to clear the source. The appraisal of national trade treaties can be divided into ex ante assessment and ex post evaluation, the former focusing on the prediction of negotiation results and aiming to establish a negotiation strategy; the latter focusing on the effect of implementation, aiming at restarting negotiations or modifying agreements. As the ''regular model'' of treaty appraisal, the appraisal mechanism of international trade treaties mainly includes three main procedures: triggering, implementing and responding.