WTO Dispute Settlement Mechanism(6)/刘成伟(28)
However, a panel must also be careful to observe due process, which entails providing the parties adequate opportunity to respond to the evidence submitted. Just as noted by a panel in this respect, “[u]ntil the WTO Members agree on different and more specific rules on this regard, our main concern is to ensure that ‘due process’ is respected and that all parties to a dispute are given all the opportunities to defend their position to the fullest extent possible.” 34
III Panel’s Right to Seek Information
A panel is obligated by Art. 11 of the DSU to conduct “an objective assessment of the matter before it”, any evidentiary rulings made by panels must be consistent with this obligation. Therefore, to fulfil their functions as provided in Art. 11 of the DSU to “make an objective”, panels are not limited to the arguments submitted by the participants in WTO dispute settlement. Panels cannot remain passive in the face of possible shortcomings in the evidence submitted, and views expressed, by the interested parties. And they are obliged, in some circumstances, to go beyond the arguments that were advanced by the parties during the process in reaching their own conclusions.
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