WTO Dispute Settlement Mechanism(3)/刘成伟(50)
For example, in Canada-Milk and Dairy Products (DS103/DS113)（21.5）, all parties and third parties agree that Art. 10.3 of the DSU remains applicable in the Art. 21.5 proceedings, and requires that “third parties shall receive the submissions of the parties to the dispute to the first meeting of the Panel”. The disagreement relates as to whether the third party rights under Art. 10.3 of the DSU have been inappropriately limited by the Panel when it adopted, in accordance with the practice of previous Art. 21.5 panels and in agreement with the parties to this dispute, the following rule in paragraph 8 of this Panel's Working Procedures: “Third parties shall receive copies of the parties' first written submissions”. In this respect, the Art. 21.5 Panel rules as: 1
“[…] [T]he Panel noted that the text of Article 10.3 is clear and requires this Panel to make available to third parties ‘the submissions of the parties to the dispute to the first meeting of the panel’. In the particular context of Article 21.5, panels which, as in this case, request both parties to submit also their rebuttal submissions prior to the first meeting with the parties, the literal reading of Article10.3 clearly requires to make available to third parties also these rebuttal submissions. Even in the different context of normal Article 12 panel proceedings with two meetings with the parties, nothing in the text of Article 10.3 and in the different context of normal Article 12 panel proceedings justifies ignoring the clear textual requirement of Article 10.3 to enable third parties to participate in the first panel meeting with access to all ‘the submissions’ of the parties made up to this point of the panel process. In the particular context of this Article 21.5 Panel proceeding, the term ‘submissions’ in Article 10.3 of the DSU must therefore include the parties' rebuttal submissions.
总共72页
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