WTO Dispute Settlement Mechanism(4)/刘成伟(15)
In short, “[a]n allegation that a panel has failed to conduct the ‘objective assessment of the matter before it’ required by Article 11 of the DSU is a very serious allegation. Such an allegation goes to the very core of the integrity of the WTO dispute settlement process itself”. 16 “Only egregious errors constitute a failure to make an objective assessment of the facts as required by Article 11 of the DSU.”17
V Exercise of Judicial Economy
In this regard, what we will next discuss is the issue of whether Art. 11 of the DSU entitles a complaining party to a finding on each of the legal claims it makes to a panel. As is the core of so-called judicial economy principle derived from Art. 11 of the DSU. The principle of judicial economy is not explicitly provided in any articles of the DSU or any other covered agreements under the WTO. However, it is a fundamental principle under the WTO jurisprudence, which is more than one time exercised by panels and then upheld by the Appellate Body during the disputes settlement.
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