WTO Dispute Settlement Mechanism(3)/刘成伟(53)
While in US-Tax Treatment (DS108), during the recourse of Art. 21.5 of the DSU, the Panel issued a decision to the parties refusing the request of the European Communities and stating that: “… we do not consider that Article 10.3 DSU requires that third parties receive all pre-meeting submissions of the parties (including rebuttal submissions) in the context of an accelerated proceeding under Article 21.5 DSU that involves only one meeting of the parties and third parties with the panel.”
The European Communities appeals this interpretive preliminary ruling by the Panel. In the view of the European Communities, this ruling conflicts with Art 10.3 of the DSU and does not respect the rights afforded to third parties under the DSU. According to the European Communities, although panels have a certain discretion to establish their own working procedures, they may not derogate from binding provisions of the DSU, including the requirement in Art. 10.3 of the DSU that “third parties shall receive the submissions of the parties to the dispute to the first meeting of the panel”. In the view of the European Communities, this requirement means that third parties are entitled to receive all written submissions made prior to the first meeting of the panel - even if, as in many proceedings under Art. 21.5 of the DSU, there is only one meeting with the panel. As to this appeal, the Appellate Body rules as: 2
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