WTO Dispute Settlement Mechanism(4)/刘成伟(20)
To sum up, as ruled by the Appellate Body in US-Lamp Meat (DS177/DS178), “on the issue of panels' exercise of judicial economy, we have previously explained that panels ‘need only address those claims which must be addressed in order to resolve the matter in issue in the dispute’. At the same time, the ‘discretion’ a panel enjoys to determine which claims it should address is not without limits, as a panel is obliged ‘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’”. 22
【NOTE】:
1. See, Steven P. Croley and John H. Jackson, ‘WTO Dispute Panel Deference to National Government Decisions. The Misplaced Analogy to the U.S. Chevron Standard-Of-Review Doctrine’, International Trade Law and the GATT/WTO Dispute Settlement System (Petersmann Ed.), Kluwer Law International, London, 1997, pp. 187-188.
2. Supra. note 1, p. 208.
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