On December 1, 2003, Prof. Asif H. Qureshi, Professor of International Economic Law at the University of Manchester, Legal Expert of the Asian Development Bank, Member of the WTO Expert Panel, and Consultant of the Pakistan Government The invitation of the WTO Academy and the School of Law came to Wuhan University to give lectures. On the evening of December 1, Professor Qureshi conducted an academic report on the WTO dispute settlement mechanism and developing countries at the WTO Academy. Professor Qureshi's lectures mainly cover two aspects: the WTO dispute settlement mechanism and the participation of developing countries, and the interpretation of the WTO agreement with development goals.
1. The WTO dispute settlement mechanism and the participation of developing countries in the participation of developing countries in the WTO dispute settlement system have always been the focus of attention of WTO members and academic circles. In this lecture, Professor Qureshi introduced his own views on how to scientifically and reasonably measure the participation of developing countries in the WTO dispute settlement mechanism, as well as on strengthening the participation of developing countries and related reforms. Professor Qureshi believes that the key to a reasonable measure of the participation of developing countries is to determine a reasonable measure. He analyzes the current centralized measures in the relevant statistics. The scale of quantity, the scale of comparison, the scale of conclusion-oriented and the scale of normative are not reasonable scales. He believes that the reasonable scale should be the possibility of developing countries through the use of dispute settlement procedures. The number of disputes resolved by the dispute resolution program is compared. Regarding the problems of developing countries participating in the WTO dispute settlement mechanism, the professor believes that many developing country members are concerned about the power ratio of members (POWER RATIO) because the power ratio creates an imbalanced burden in the dispute settlement process and judicial procedures. Using the obstacles of rights and so on, some developing countries believe that the solution to these problems is to give special preferential treatment to developing countries, but the professor believes that the starting point for strengthening reforms should be justice. Specifically, the right of developing countries to use the WTO dispute settlement procedures, fair opportunities to prosecute and defend in expert panel and appellate body procedures, fair and unbiased rulings, and fairness of implementation, ie through expert panels and appellate body procedures Realize the distribution of justice. The professor put forward proposals for reform on the above starting point.
2. Explaining the WTO Agreement with Development Objectives Professors propose that the so-called development-oriented interpretation of the WTO agreement means ensuring the progress of developing countries and ensuring that the multilateral trading system is facilitated and developed. The professor further explained the relationship between development and treaty interpretation, and considered that the interpretation of the treaty from the perspective of development includes consideration of development goals, conditions for development, characteristics of development, GOOD GOVERNANCE, relevant rules of international law for development, and restoration objectives. On the theory of interpretation. The professor particularly emphasized the importance of the theory of interpretation of the restoration of Skopostheorie. He believes that the Appellate Body in the current WTO dispute settlement mechanism uses a strict interpretation method in practice. The professor believes that this interpretation method is not a treaty interpretation theory that has been explicitly accepted by the WTO. Nor is it the interpretation practice of the Appellate Body. He advocates that the practice of considering the purpose, context and writing of the treaty should be resumed. He pointed out that the Vienna Convention on the Law of Treaties did not first consider the text of the treaty, secondly considered the context, and finally considered the provisions of the so-called treaty interpretation order of the treaty purpose, so he believed that the above factors should be considered at the same time. The professor also briefly explained the economic analysis and political analysis methods of treaty interpretation, but it believed that the most important factor in explaining the WTO agreement for development purposes was to restore the theory of teleology in the theory of treaty interpretation.
(Written by: Sun Liwen )