WTO Dispute Settlement Mechanism(6)/刘成伟(10)
This requirement has been recognized and applied by a number of GATT panels. For example, the panel on Uruguayan Recourse to Art. XXIII noted that in cases “where there is no infringement of GATT provisions, it would be ... incumbent on the country invoking Article XXIII to demonstrate the grounds and reasons for its invocation. Detailed submissions on the part of that contracting party on these points were therefore essential for a judgement to be made under this Article”. And the panel on US - Agricultural Waiver noted, in applying the 1979 codification of this rule: “The party bringing a complaint under [Article XXIII:1(b)] would normally be expected to explain in detail that benefits accruing to it under a tariff concession have been nullified or impaired”.
Art. 26.1(a) of the DSU codifies the prior GATT practice, which provides in relevant part: “the complaining party shall present a detailed justification in support of any complaint relating to a measure which does not conflict with the relevant covered agreement ...”.
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