WTO Dispute Settlement Mechanism(4)/刘成伟(16)
In US-Shirts and Blouses (DS33), the Panel states in paragraph 6.6 of the its Report: “Concerning India's argument that Article 11 of the DSU entitles India to a finding on each of the issues it raised, we disagree and refer to the consistent GATT panel practice of judicial economy. India is entitled to have the dispute over the contested ‘measure’ resolved by the Panel, and if we judge that the specific matter in dispute can be resolved by addressing only some of the arguments raised by the complaining party, we can do so. We, therefore, decide to address only the legal issues we think are needed in order to make such findings as will assist the DSB in making recommendations or in giving rulings in respect of this dispute.”18 As is appealed. And the Appellate Body make an detailed analysis on the principle of judicial economy from the provisions of the DSU as well as practice under the GATT 1947 and the WTO Agreement: 19
As provided in Art. 11 of the DSU, the function of panels is to assist the DSB in discharging its responsibilities under the DSU and the covered agreements. Nothing in this provision or in previous GATT practice requires a panel to examine all legal claims made by the complaining party.
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