Implementation and imbalance: dealing with hangover from the Uruguay Round
探讨乌拉圭回合协议中实施义务与援助承诺的不平衡,认为WTO法律体系内无法将援助变为法律义务,但国际社会已通过双边和多边机构提供大量贸易相关援助,并指出TRIPS协议是失衡主因。
The Uruguay Round agreements impose bound obligations to implement, but provide only unbound promises of assistance—is there a legal solution within the WTO legal system, i.e. can implementation assistance be made a legal obligation? The author concludes that the Doha negotiations on trade facilitation and on aid for trade demonstrate that such a legal arrangement cannot be constructed. This is not, however, a problem; the international community has provided extensive trade-related assistance through bilateral and multilateral development agencies. Regarding the overall Uruguay Round imbalance (developing countries gave more than they got), failure of the international community to acknowledge that the imbalance stems in major part from the WTO agreement on intellectual property (TRIPS) has retarded a general making-up.