WTO Dispute Settlement Mechanism(4)/刘成伟(19)
However, is there any limits to such a discretion exercised as judicial economy? With regard to this issue, the Appellate Body in Australia-Salmon (DS18) finds that, the principle of judicial economy has to be applied by panels keeping in their mind the aim of the dispute settlement system, i.e, “to secure a positive solution to a dispute” as provided for in Art. 3.7 of the DSU and affirmed in Art. 3.4 of the DSU, which 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.” Therefore, to provide only a partial resolution of the matter at issue would be false judicial economy. A panel has to address those claims on which a finding is necessary in order to enable the DSB to make sufficiently precise recommendations and rulings so as to allow for prompt compliance by a Member with those recommendations and rulings “in order to ensure effective resolution of disputes to the benefit of all Members”.21
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