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WTO Dispute Settlement Mechanism(3)/刘成伟(47)




【NOTE】:
1. See, WT/DS18/RW/7.10/7.
2. See, WT/DS18/RW/7.10/21.
3. See, WT/DS70/AB/RW/36.
4. See, WT/DS18/RW/7.10/22.
5. See, WT/DS18/RW/7.10/23.
6. See, WT/DS18/RW/7.10/28.
7. See, WT/DS18/RW/7.10/8-10.
8. See, WT/DS70/AB/RW/41.
9. See, WT/DS58/AB/RW/84.
10. See, WT/DS58/AB/RW/86-90; 97-98.
11. See, WT/DS70/AB/RW/38.









Section Five
Third Party Rights : Art. 10

I Introduction
The object and purpose of this contribution is to survey the WTO practice in the matter of third party intervention. The focus is directed towards an examination of the rights to which WTO members are entitled, where they are not named as parties to a particular WTO dispute but nevertheless retaining an interest in the dispute and therefore intervene as third parties. However, according to Art. 17.4 of the DSU, “[o]nly parties to the dispute, not third parties, may appeal a panel report”, we therefore focus on the intervention of third parties in panel procedures rather than in appellate review, except to be mindful that the same Article also provides that, “[t]hird parties which have notified the DSB of a substantial interest in the matter pursuant to paragraph 2 of Article 10 may make written submissions to, and be given an opportunity to be heard by, the Appellate Body”.


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