WTO Dispute Settlement Mechanism(3)/刘成伟(21)
“As the Panel noted, we said in European Communities - Bananas, that: [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.
It appears to us that the Panel read this portion of our findings in European Communities - Bananas as establishing a litmus test for determining the sufficiency of the statement of the legal basis of the complaint.
The Panel, however, failed to note that in European Communities - Bananas, we went on to say that:
As a panel request is normally not subjected to detailed scrutiny by the DSB, it is incumbent upon a panel to examine the request for the establishment of the panel very carefully to ensure its compliance with both the letter and the spirit of Article 6.2 of the DSU. It is important that a panel request be sufficiently precise for two reasons: first, it often forms the basis for the terms of reference of the panel pursuant to Article 7 of the DSU; and, second, it informs the defending party and the third parties of the legal basis of the complaint.
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