WTO Dispute Settlement Mechanism(5)/刘成伟(16)
These provisions speak for themselves. Unquestionably, both panels and the Appellate Body are bound by them.”
The ruling developed in India-Patent is repeatedly applied by the Appellate Body, e.g. in EC-Computer Equipment (DS62/DS67/DS68), where the European Communities submits that the Panel erred in considering that the “legitimate expectations” of an exporting Member. With regard to this appeal, the Appellate Body rules in pertinent part: 9
“We disagree with the Panel's conclusion that the meaning of a tariff concession in a Member's Schedule may be determined in the light of the ‘legitimate expectations’ of an exporting Member. First, we fail to see the relevance of the EEC - Oilseeds panel report with respect to the interpretation of a Member's Schedule in the context of a violation complaint made under Article XXIII:1(a) of the GATT 1994. The EEC - Oilseeds panel report dealt with a non-violation complaint under Article XXIII:1(b) of the GATT 1994, and is not legally relevant to the case before us. Article XXIII:1 of the GATT 1994 provides for three legally-distinct causes of action on which a Member may base a complaint; it distinguishes between so-called violation complaints, non-violation complaints and situation complaints under paragraphs (a), (b) and (c). The concept of ‘reasonable expectations’, which the Panel refers to as ‘legitimate expectations’, is a concept that was developed in the context of non-violation complaints. As we stated in India - Patents, for the Panel to use this concept in the context of a violation complaint ‘melds the legally-distinct bases for “violation” and “non-violation” complaints under Article XXIII of the GATT 1994 into one uniform cause of action’, and is not in accordance with established GATT practice.
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