WTO Dispute Settlement Mechanism(6)/刘成伟(27)
[…]
As noted above, there is nothing in the DSU, or in the Appendix 3 Working Procedures, to prevent a party submitting new evidence or allegations after the first substantive meeting. We can see no basis in the DSU to treat the submission of affirmative defences after the first substantive meeting any differently. Thus, although it is desirable that affirmative defences, as with any claim, should be submitted as early as possible, there is no requirement that affirmative defences should be submitted before the end of the first substantive meeting with the parties. Provided that due process is respected, we see nothing to prohibit the submission of affirmative defences after the first substantive meeting with the parties.”
In sum, as provided for in Art. 12.2 of the DSU, “[p]anel procedures should provide sufficient flexibility so as to ensure high-quality panel reports, while not unduly delaying the panel process.” The Working Procedures in Appendix 3 of the DSU do not establish precise deadlines for the submission of evidence; there is nothing in the DSU, or in the Appendix 3 Working Procedures, to prevent a party providing new submissions after the first substantive meeting. And as noted above, “the Working Procedures in their present form do not constrain panels with hard and fast rules on deadlines for submitting evidence.”33
总共54页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] 27
[28] [29] [30] [31] [32] [33] [34] [35] [36] [37] [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] 上一页 下一页