WTO Dispute Settlement Mechanism(3)/刘成伟(20)
IV Provision of “a brief summary of the legal basis of the complaint”
In its fourth requirement, Art. 6.2 demands only a summary - and it may be a brief one - of the legal basis of the complaint; but the summary must, in any event, be one that is “sufficient to present the problem clearly”. It is not enough, in other words, that “the legal basis of the complaint” is summarily identified; the identification must “present the problem clearly”.
In EC-Bananas, with respect to whether the panel request provides, as required, a “brief summary of the legal basis of the complaint sufficient to present the problem clearly”, the Appellate Body rules pertinently that, “we agree with the Panel's conclusion that ‘the request is sufficiently specific to comply with the minimum standards established by the terms of Article 6.2 of the DSU’. We accept the Panel's view that it was sufficient for the Complaining Parties to list the provisions of the specific agreements alleged to have been violated without setting out detailed arguments as to which specific aspects of the measures at issue relate to which specific provisions of those agreements.” 15 However, as noted by the Appellate Body, this is not a litmus test for determining the sufficiency of the statement of the legal basis of the complaint. The Appellate Body in Korea-Dairy Products（DS98）rules in pertinent part:16
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