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WTO的主体是国家及单独关税区 ,私人不可能在其争端解决机制中行使诉权 ,将其与主权国家间的争端交予DSB处理。但鉴于私人作为国际贸易主体的地位愈来愈突出 ,为保护其在国际贸易中的合法权益 ,并有助于国际贸易争端解决的非政治化 ,允许私人参与WTO争端解决机制有一定的现实意义。由于目前处理国家与私人间争端的国内法以及国际法都不能适用于WTO ,且WTO的成员方普遍没有相关的国内法 ,为使各国公民私人行使此类诉权的标准相一致 ,有必要由WTO作出统一规定。
The main body of the WTO is the state and separate customs territory. It is impossible for private individuals to exercise their rights of appeal in their dispute settlement mechanisms and to hand over their disputes with sovereign states to the DSB. However, given the increasingly prominent role of private individuals as the main body of international trade, in order to protect their legitimate rights and interests in international trade and contribute to the de-politicization of international trade disputes, it is of practical significance to allow private participation in the WTO dispute settlement mechanism . Since domestic and international laws that deal with disputes between states at present and those of international law can not be applied to the WTO and the WTO members generally do not have relevant national laws, it is necessary for the WTO to make the standards consistent with the private exercise of such rights by citizens of all countries Uniform provisions.