WTO Dispute Settlement Mechanism(3)/刘成伟(33)
Nevertheless, when read together with Art. 6.2 of the DSU, the precise meaning of the term “matter” prescribed in Art. 7 of the DSU becomes clear. Art. 6.2 specifies the requirements for a complaining Member to refer the “matter” to the DSB. In order to seek the establishment of a panel to hear its complaint, a Member must make, in writing, a “request for the establishment of a panel”. In addition to being the document which enables the DSB to establish a panel, the panel request is also usually identified in the panel's terms of reference as the document setting out “the matter referred to the DSB”.
For example, the Appellate Body rules in Brazil-Coconut (DS22) that: “We agree, furthermore, with the conclusions expressed by previous panels under the GATT 1947, as well as under the Tokyo Round SCM Code and the Tokyo Round Anti-dumping Code, that the ‘matter’ referred to a panel for consideration consists of the specific claims stated by the parties to the dispute in the relevant documents specified in the terms of reference. We agree with the approach taken in previous adopted panel reports that a matter, which includes the claims composing that matter, does not fall within a panel's terms of reference unless the claims are identified in the documents referred to or contained in the terms of reference.” 5
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