WTO Dispute Settlement Mechanism(3)/刘成伟(48)
The rules relating to the participation of third parties in panel proceedings are set out in Art. 10 of the DSU, and, particularly relating closely to third party rights, paragraphs 2 and 3 thereof, and in paragraph 6 of Appendix 3 to the DSU:
Article 10: Third Parties
“1. The interests of the parties to a dispute and those of other Members under a covered agreement at issue in the dispute shall be fully taken into account during the panel process.
2. Any Member having a substantial interest in a matter before a panel and having notified its interest to the DSB (referred to in this Understanding as a ‘third party’) shall have an opportunity to be heard by the panel and to make written submissions to the panel. These submissions shall also be given to the parties to the dispute and shall be reflected in the panel report.
3. Third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel.
4. If a third party considers that a measure already the subject of a panel proceeding nullifies or impairs benefits accruing to it under any covered agreement, that Member may have recourse to normal dispute settlement procedures under this Understanding. Such a dispute shall be referred to the original panel wherever possible.”
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