WTO Dispute Settlement Mechanism(6)/刘成伟(30)
In addition, the exercise of the “discretionary authority” enjoyed by panels to seek information is not conditional as a preliminary matter on the establishment of a prima facie case. In Canada-Civilian Aircraft (DS70), the Panel rules that, “a panel's right to seek information is governed by Article 13.1 of the DSU. There is nothing in Article 13.1 to suggest that a panel's right to seek information is restricted to matters in respect of which the complaining party has been deemed (as a preliminary matter) to have established a prima facie case. The only express restriction on a panel's right to seek information is the Article 13.1 obligation for a panel to ‘inform the authorities’ of a Member before seeking information or advice from any individual or body within the jurisdiction of that Member. In our opinion, any requirement that panels should provide preliminary rulings on whether the complaining party has established a prima facie case before seeking information or advice under Article 13.1 could render that provision ineffective. This is because in certain circumstances a panel may consider it appropriate to seek information or advice precisely in order to determine whether the complaining party has established a prima facie case….”. 37 And the Appellate Body confirms this ruling.
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