WTO Dispute Settlement Mechanism(3)/刘成伟(46)
Therefore, so far as the examination of the measure at issue in this appeal is concerned, the task of the Panel … as part of that new measure, was limited to examining its application….”
In sum, as ruled by the Appellate Body in Canada-Aircraft (DS70)（21.5）, “the examination of ‘measures taken to comply’ is based on the relevant facts proved, by the complainant, to the Article 21.5 panel, during the panel proceedings.”11 And the panel is required to review the new measure in its totality and in its application when examining the matter referred by the DSB for the Art. 21.5 proceeding. Even so, it must also be kept in mind that, it is not part of a panel's task to go beyond the particular claims that have been made with respect to the consistency of a new measure with a covered agreement when a matter is referred to it by the DSB for an Art. 21.5 proceeding. Toward that end, the task is circumscribed by the specific claims made by the complainant when the matter is referred by the DSB for an Art. 21.5 proceeding.
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