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WTO自成立至今,其准司法性的争端解决机制对其成功运转无疑发挥了极大的作用。但是,对于WTO成员方来说,不是所有的国际经贸纠纷都适宜通过争端解决机制解决。但由于DSU对专家组和上诉机构的授权不明确,导致后者不得不对几类特殊事项行使管辖权。这些特殊事项包括:所涉争议具有政治敏感性的案件;适用法律不可裁决的案件;涉及“机构平衡”问题的争端。
Since the establishment of WTO, its quasi-judicial dispute settlement mechanism has undoubtedly played a very significant role in its successful operation. However, for WTO members, not all international trade disputes are suitable for settlement through dispute settlement mechanism. However, the lack of clarity on the part of the DSU in the delegation of experts and the appellate body led the latter to have to exercise jurisdiction over several special matters. These special issues include: cases where the dispute is politically sensitive; cases where applicable law can not be ruled; disputes involving “institutional balance”.