WTO Dispute Settlement Mechanism(3)/刘成伟(37)
II Clarification of “measures taken to comply”
“Since Article 21.5 exclusively refers to disagreements as to ‘measures taken to comply’, any other measures fall outside the scope of a compliance panel.”2 And in this case, is there any precise definition of “measures taken to comply” that should apply in all cases?
The Appellate Body rules concerning the mandate of Art. 21.5 panel in Canada-Aircraft (DS70)（21.5）that: “Proceedings under Article 21.5 do not concern just any measure of a Member of the WTO; rather, Article 21.5 proceedings are limited to those ‘measures taken to comply with the recommendations and rulings’ of the DSB. In our view, the phrase ‘measures taken to comply’ refers to measures which have been, or which should be, adopted by a Member to bring about compliance with the recommendations and rulings of the DSB. In principle, a measure which has been ‘taken to comply with the recommendations and rulings’ of the DSB will not be the same measure as the measure which was the subject of the original dispute, so that, in principle, there would be two separate and distinct measures: the original measure which gave rise to the recommendations and rulings of the DSB, and the ‘measures taken to comply’ which are-or should be-adopted to implement those recommendations and rulings.”3
总共72页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] 37
[38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] [71] [72] 上一页 下一页