WTO補償實踐的動向及其改革啟示

Trend of WTO Compensation Practices and Its Enlightenment on Reform

自WTO成立以來，補償機制應用較少，甚至被視為“裝飾品”。與WTO早期的補償案相比，US-Section 110(5) Copyright Act, EC-Hormones, US-Upland Cotton, China-Pub-lications案達成的補償協議，在補償原則、補償形式、補償程度的確定等方面，均有所發展，解決或緩解了敏感爭端的執行僵局，並為多哈回合補償機制改革提供了經驗與啟示。補償機制的改革應關注如何為成員達成補償提供規則基礎和程序保障。改革的途徑是多重的，在推進多哈談判的同時，應充分利用現有的WT0制度，完善補償機制。

Since the establishment of the World Trade Organization (WTO), compensation has not been frequently resorted to, and even been regarded as an embellishment to the system. Compared with the compensation agreements reached in early cases, compensation agreements reached in US-Section 110(5) Copyright Act, EC-Hormones, US-Upland Cotton and China-Publications have exhibited some developments on the principles, forms as well as the establishment of the level of compensation, which relieved the deadlock of compliance problems in sensitive disputes and shed light on the reform of compensation mechanism. The reform of compensation mechanism shall focus on providing effective rules and procedures to facilitate members to reach compensation agreements. There are multiple ways to this end. Nevertheless, members should not wait for the successful conclusion of Doha Round, but fully utilize existing WTO mechanisms to improve the efficiency of compensation mechanism.