WTO Dispute Settlement Mechanism(4)/刘成伟(17)
Firstly, previous GATT 1947 and WTO panels have frequently addressed only those issues that such panels considers necessary for the resolution of the matter between the parties, and have declined to decide other issues. Thus, if a panel has found that a measure is inconsistent with a particular provision, it generally does not go on to examine whether the measure is also inconsistent with other provisions that a complaining party may have argued are violated. In recent WTO practice, panels likewise have refrained from examining each and every claim made by the complaining party and have made findings only on those claims that such panels conclude are necessary to resolve the particular matter. Although a few GATT 1947 and WTO panels have made broader rulings, by considering and deciding issues that are not absolutely necessary to dispose of the particular dispute, there is nothing anywhere in the DSU that requires panels to do so.
Secondly, such a requirement for a panel as to address on all claims the complainant made is not consistent with the aim of the WTO dispute settlement system. Art. 3.7 of the DSU explicitly states: “The aim of the dispute settlement mechanism is to secure a positive solution to a dispute. A solution mutually acceptable to the parties to a dispute and consistent with the covered agreements is clearly to be preferred.” Thus, the basic aim of dispute settlement in the WTO is to settle disputes. This basic aim is affirmed elsewhere in the DSU. Art. 3.4, for example, stipulates: “Recommendations or rulings made by the DSB shall be aimed at achieving a satisfactory settlement of the matter in accordance with the rights and obligations under this Understanding and under the covered agreements.”
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