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某一实体的行为可归因于WTO某一成员方,是该成员方为此行为承担国际责任的前提之一。在WTO体制中,多种实体的行为可归因于成员方。WTO协定没有对归因性问题作出集中、专门规定,散见于各协定的现有规定与一般国际法中归因性规则的精神是一致的,但也有自身特点。为了提高WTO法律规则的可预见性,应使WTO归因性规则系统化,现阶段比较现实的做法是由上诉机构对这些规则进行系统阐明。
The act of an entity can be attributed to a member of the WTO and is one of the preconditions for the member to assume international responsibility for the act. In the WTO system, the behavior of many kinds of entities can be attributed to the members. The WTO agreement did not make centralized and specific provisions on attribution issues. The existing provisions scattered in various agreements are consistent with the spirit of attributional rules in general international law, but they also have their own characteristics. In order to improve the predictability of the WTO rules and regulations, the WTO attribution rules should be systematized. At this stage, a more realistic approach is to systematically clarify these rules by the appellate body.