WTO Dispute Settlement Mechanism(3)/刘成伟(28)
20. See, WT/DS98/AB/R/127.
21. See, WT/DS122/AB/R/97.
22. See, WT/DS122/R/7.13-7.14.
Section Three
Terms of Reference of Panels: Art. 7
I Introduction
Panel's terms of reference are governed by Art. 7 of the DSU which states:
“1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise within 20 days from the establishment of the panel:
‘To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the DSB by (name of party) in document ... and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in that/those agreement(s).’
2. Panels shall address the relevant provisions in any covered agreement or agreements cited by the parties to the dispute.
3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, subject to the provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all Members. If other than standard terms of reference are agreed upon, any Member may raise any point relating thereto in the DSB. ”
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