WTO Dispute Settlement Mechanism(4)/刘成伟(13)
However, panels must understand the central role of GATT/WTO adjudicatory system plays in enhancing the implementation, effectiveness, and credibility of the elaborate sets of rules for which the WTO has been created. Successful cooperation among national authorities to a large extent rests with the institutions given the responsibility to help carry out the WTO dispute settlement procedures. Thus, when a particular national authority’s activity or decision would undermine the effectiveness of WTO rules, or would establish a practice that could trigger damaging activities by other member countries, panels will undoubtedly show less deference. 14
To sum up, with this articulation of the standard of review based on Art. 11 of the DSU, a de novo review would be inappropriate. However, to adopt a policy of total deference to the findings of the national authorities could not ensure an “objective assessment” as foreseen by Art. 11 of the DSU. The applicable standard is neither de novo review as such, nor “total deference”, but rather the “objective assessment”. However, when may a panel be regarded as having failed to discharge its duty under Art. 11 of the DSU to make an objective assessment? As is what to be discussed in more detail below.
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