WTO Dispute Settlement Mechanism(6)/刘成伟(50)
It is particularly within the province and the authority of a panel to determine the need for information and advice in a specific case, to ascertain the acceptability and relevancy of such information or other evidence or arguments received, and to decide what weight to ascribe to them or to conclude that no weight at all should be given to what has been received. As a general rule well established in the practice under WTO dispute settlement system, panels have wide latitude in admitting evidence, arguments or defences made by parties to a particular case, or seeking information from any relevant sources as they deem appropriate。However, panels’ exercise of such broad discretion does not prejudge in any way the issue of whether panels will use the information, nor whether the information is relevant to the matter at hand. There is a significant and substantive difference between questions concerning the admissibility of evidence or the seeking of information, and the weight to be accorded evidence or information in making decisions.
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