Paraphrasing (13th paragraph)

Text

A more subtle claim is that even if (or when) the Appellate Body decides a case in a way that the drafters of the WTO had not intended, there is no way in practice that this unexpected interpretation can be reversed. This claim is part of a broader concern that the WTO has operated in an imbalanced fashion because the judicial arm has been so robust while the legislative arm has been so moribund. John Jackson was one of the first to make this point. In a recent book (Barfield 2001), Claude Barfield has elaborated on this argument, and posits that on some issues, the governments purposefully left WTO rules vague with the intention perhaps of revisiting it in a future negotiation. Into this lacunae the Appellate body has stepped, Barfield argues, but they should be more careful in doing so. Barfield has advocated a blocking mechanism whereby a minority of governments could nullify an Appellate Body report.

The main idea of the paragraph

A more subtle criticism is that even if the Appellate Body decides a case in a way that the drafters of the WTO had not intended, it is impossible to reverse the unexpected interpretation in practice. To this, two things might be done – to make WTO rules more specific and clear and to establish a blocking mechanism whereby a minority of governments could invalidate an Appellate Body report.

更微妙的批评是,即使上诉受理机构没有按世贸组织规则起草者的意愿判决某一案例,在实践中也不可能推翻这一意料外的判决;也许可以做两件事来对付这种情况—把世贸组织的规则编写得更加具体明确,和建立一个少数政府可以据此废除上诉受理机构报告的阻碍机制。

句子分析

1、A more subtle claim is that even if (or when) the Appellate Body decides a case in a way that the drafters of the WTO had not intended, there is no way in practice that this unexpected interpretation can be reversed.

在此句中

  1)“A more subtle claim is”是主句;

  2)“that even if … can be reversed”是表语从句,其中:

  ①“there is no way in practice that this unexpected interpretation can be reversed”是主句,“that this unexpected interpretation can be reversed”是限制性定语从句,修饰名词“way”;

  ②“even if (or when) the Appellate Body decides a case in a way that the drafters of the WTO had not intended”是让步(或时间)状语从句,修饰谓语动词“is (no way)”,限制性定语从句“that the drafters of the WTO had not intended”修饰名词“way”。

2、This claim is part of a broad concern that the WTO has operated in an imbalanced fashion because the judicial arm has been so robust while the legislative arm has been so moribund.

在此句中

  1)“This claim is part of a broad concern”是主句;

  2)“that the WTO has operated…moribund”是同位语从句,说明“concern”的内容,其中:

  ①“the WTO has operated in an imbalanced fashion”是主要部分;

  ②“because the judicial arm has been so robust while the legislative arm has been so moribund ”是原因状语从句,修饰谓语动词“has operated”,另外,“while”在此是并列连词,连接的分句“the legislative arm has been so moribund”与“the judicial arm has been so robust”构成对照。