WTO Dispute Settlement Mechanism(6)/刘成伟(48)
In its appeal, the European Communities places considerable emphasis on the failure of the Panel to draw ‘adverse’ inferences from the refusal of the United States to provide information requested by the Panel. As we emphasized in Canada - Aircraft, under Article 11 of the DSU, a panel must draw inferences on the basis of all of the facts of record relevant to the particular determination to be made. Where a party refuses to provide information requested by a panel under Article 13.1 of the DSU, that refusal will be one of the relevant facts of record, and indeed an important fact, to be taken into account in determining the appropriate inference to be drawn. However, if a panel were to ignore or disregard other relevant facts, it would fail to make an ‘objective assessment’ under Article 11 of the DSU. In this case, as the Panel observed, there were other facts of record that the Panel was required to include in its ‘objective assessment’. Accordingly, we reject the European Communities' arguments to the extent that they suggest that the Panel erred in not drawing "adverse" inferences simply from the refusal of the United States to provide certain information requested from it by the Panel under Article 13.1 of the DSU.
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