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2013年12月WTO《贸易便利化协定》签署以来,围绕着其开放批准出现了一系列风波。这与WTO规则形成机制有密切关系。国际经济组织的规则形成机制有实行机构立法的欧盟模式和不实行机构立法的WTO模式。WTO模式的规则形成有多边协定和诸边协定两类。多边协定产生于多边贸易谈判,即原始规则产生于乌拉圭回合谈判。新的多边协定规则应该产生于多哈回合谈判,而诸边协定主要作为《乌拉圭回合谈判最终文件》的后续法律文件出现。《贸易便利化协定》将会作为多边协定生效。鉴于多哈回合谈判陷入僵局,巴厘部长会议一揽子协议及其《贸易便利化协定》开创了新的WTO规则形成机制。
Since the WTO Agreement on Trade Facilitation was signed in December 2013, a series of turmoil has taken place around its open approval. This is closely related to the formation of WTO rules. The rules formation mechanism of international economic organizations has the EU model of implementing institutional legislation and the WTO model of not implementing institutional legislation. The rules of the WTO model form two types of multilateral agreements and plurilateral agreements. Multilateral agreements originate in the multilateral trade negotiations, that is, the original rules stem from the Uruguay Round negotiations. The new rules of multilateral agreement should have arisen from the Doha Round negotiations, with the plurilateral agreements emerging mainly as follow-up legal documents for the “Final Document of the Uruguay Round of negotiations.” The Trade Facilitation Agreement will enter into force as a multilateral agreement. In view of the stalemate in the Doha Round negotiations, the package of the Bali Ministerial Meeting and its Agreement on Trade Facilitation have created a new mechanism for the formation of WTO rules.