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DSB裁决在当事国国内法律体系中的效力如何认定,直接关系到裁决的影响力与执行力。美国国内法律规定,DSB裁决本身不具有直接适用性。DSB裁决对国内法律产生影响的唯一渠道,是通过立法程序写入国内立法。法院在作出判决时可以考虑。DSB裁决的逻辑,但DSB裁决此时的效力并不高于学者著述或外国判例,至多只具有说服力。此种观点也在美国国际法学界得到相当的认可。DSB裁决在美国案外效力的缺失,在维护了美国国内法律体系完整性的同时。也将美国的贸易保护主义进行了合法化。我国应当在承认与尊重WTO协议的同时,在法律中明确规定DSB裁决不具有案外效力,并且,建立自己的DSB裁决分析与吸收制度。
How to determine the effectiveness of the DSB ruling in the domestic legal system of the country concerned is directly related to the influence and execution of the ruling. The United States domestic law, DSB ruling itself does not have direct applicability. The only channel through which DSB’s decisions affect domestic law is the incorporation of domestic legislation through legislative process. The court may consider it when making a judgment. DSB ruling logic, but the DSB ruling at this time is not higher than the efficacy of scholars or foreign jurisprudence, at best, only convincing. Such views are also quite recognized by American international jurisprudence. The lack of validity of the DSB ruling outside the United States maintains the integrity of the domestic legal system in the United States. It has also legalized U.S. trade protectionism. While acknowledging and respecting the WTO agreement, China should clearly stipulate in the law that the DSB ruling does not have an extra-legal effect and that it should establish its own DSB ruling analysis and absorption system.