WTO成立以来,它一直是WTO成员方解决其贸易纠纷的重要场所。截至2013年10月1日,加拿大先后在33起争端中作为申诉方,并在17起争端中,作为被申诉方解决与其他WTO成员方的贸易纠纷。本文就加拿大可再生能源发电设施案专家组报告和上诉机构报告有关GATT协定第3条和TRIMs协定第2条之间的关系和含义,以及SCM协定第1。1条所述“补贴”的构成要件进行解读和评析。同时对加拿大诉欧盟海豹禁令措施案的争议焦点进行归纳,对其所涉WTO条款进行分析,并对该措施的合法性进行预测。
<<Since the establishment of the WTO,the dispute settlement mechanism has been treated as a forum to settle trade disputes among the WTO Members. Till October 1st,2013,Canada has brought disputes as the Claimant in 33 disputes and has been sued by other Members in 17 disputes. The article has discussed the Canada-Renewable Energies dispute with EU and Japan,analyzing the relationship between Article 3 of the GATT and Article 2 of the TRIMs,interpreting the meaning of “subsidy” according to the Article 2.1 of the SCM. Meanwhile the EU-Seal ban dispute which was brought by Canada and Norway has also been discussed here,several contentious issues in the dispute are researched in the paper to form an idea of the final result of the case.
<<Keywords: | CanadaTrade DisputeGATTTRIMs |