WTO Dispute Settlement Mechanism(3)/刘成伟(11)
Furthermore, as to the importance for the panel request to be sufficiently precise to ensure its compliance with both the letter and the spirit of Article 6.2 of the DSU, the Panel on Turkey-Textile and Clothing (DS34) rules that, “… [i]t is important that a panel request, which defines the terms of reference, meets this criterion so as to inform the defending party and potential third parties both of the measures at issue, including the products they cover, and of the legal basis of the complaint. This is necessary to ensure due process and the ability of the defendant to defend itself”. 2 And “[t]his requirement of due process is fundamental to ensuring a fair and orderly conduct of dispute settlement proceedings”.3
Most importantly, as noted by the Appellate Body in EC-Bananas (DS27), “[i]f a claim is not specified in the request for the establishment of a panel, then a faulty request cannot be subsequently ‘cured’ by a complaining party's argumentation in its first written submission to the panel or in any other submission or statement made later in the panel proceeding”. 4
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