WTO Dispute Settlement Mechanism(3)/刘成伟(19)
Although the Appellate Body's remarks were made in the context of a reference to a broad product grouping in the complaining party's request for establishment, we can see no basis for not adopting a similar approach when the request for establishment refers to a broad industry sector, such as the ‘civil aircraft industry’. If a complaining party believes that a measure affects a broad industry sector, in our view that complaining party should be entitled to challenge that measure insofar as it affects the totality of the industry concerned, without having to spell out the individual components of that industry, and without running afoul of Article 6.2 of the DSU.”
In short, whether the claims are sufficiently precise to “identify the specific measure at issue” under Art. 6.2 of the DSU depends upon whether they satisfy the object and purposes of the requirement of that provision, i.e., whether the respondent and potential third parties are put on sufficient notice as to the parameters of the case it is defending. For this reason, Art. 6.2 should be interpreted to require any “measure” challenged to be specified in the panel request or to be subsidiary or closely related to the specified “measures”. Also, one of the purposes of Art. 6.2 is to ensure clarity of panels' terms of reference. Accordingly, claims based on provisions of GATT or other WTO agreements not mentioned in the panel request should be found to be outside the terms of reference of the panel concerned.”
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