WTO Dispute Settlement Mechanism(6)/刘成伟(51)
In short, Arts. 12 and 13 of the DSU accord to a panel ample and extensive authority to undertake and to control its process. That authority, and the breadth thereof, is indispensably necessary to enable a panel to discharge its duty imposed by Art. 11 of the DSU to “make an objective assessment”. However, a panel must also be careful to observe due process, which entails providing the parties adequate opportunity to respond to the evidence submitted. We wish to emphasize that the discretion that panels enjoy in the manner they deem appropriate does not, of course, detract from their obligation, under Art. 11 of the DSU, to conduct “an objective assessment” of the matter before them.
However, as stated by the Appellate Body in US-Shrimp (DS58), it “may be well to stress at the outset that access to the dispute settlement process of the WTO is limited to Members of the WTO. This access is not available, under the WTO Agreement and the covered agreements as they currently exist, to individuals or international organizations, whether governmental or non-governmental. Only Members may become parties to a dispute of which a panel may be seized, and only Members ‘having a substantial interest in a matter before a panel’ may become third parties in the proceedings before that panel. Thus, under the DSU, only Members who are parties to a dispute, or who have notified their interest in becoming third parties in such a dispute to the DSB, have a legal right to make submissions to, and have a legal right to have those submissions considered by, a panel. Correlatively, a panel is obliged in law to accept and give due consideration only to submissions made by the parties and the third parties in a panel proceeding. These are basic legal propositions…”49
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