WTO Dispute Settlement Mechanism(3)/刘成伟(55)
Article 10.3 of the DSU is couched in mandatory language. By its terms, third parties ‘shall’ receive ‘the submissions of the parties to the first meeting of the panels’. Article 10.3 does not say that third parties shall receive ‘the first submissions’ of the parties, but rather that they shall receive ‘the submissions’ of the parties. The number of submissions that third parties are entitled to receive is not stated. Rather, Article 10.3 defines the submissions that third parties are entitled to receive by reference to a specific step in the proceedings - the first meeting of the panel. It follows, in our view, that, under this provision, third parties must be given all of the submissions that have been made by the parties to the panel up to the first meeting of the panel, irrespective of the number of such submissions which are made, including any rebuttal submissions filed in advance of the first meeting.
The Panel, however, reasoned that the use of the word ‘first’ in Article 10.3 ‘presupposes a context where there is more than one meeting of a Panel’. The Panel concluded, from this ‘presupposition’, that in proceedings involving a single panel meeting, Article 10.3 ‘must be understood as limiting third party rights in these proceedings to access to the first written submissions only, and as not including access to the written rebuttals’.
总共72页
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