WTO Dispute Settlement Mechanism(3)/刘成伟(56)
In our view, the interpretation of Article 10.3 of the DSU must start from the express wording of the provision. We have noted that the text of Article 10.3 does not limit the number of submissions which third parties may receive prior to the ‘first meeting’. We do not see any reason to ‘presuppose’ that such a limitation applies in cases where the ‘first meeting’ with the Panel proves to be the only meeting. The DSU allows panels the flexibility, in determining their procedures, to request more than one submission in advance of the first meeting, and the DSU also allows for the possibility that panels may, ultimately, hold only one meeting. The text of Article 10.3 applies the same rule in each case - third parties are entitled to receive the submissions to the first meeting.
We read the reference to the ‘first meeting’ as reflecting the flexibility that exists in panel proceedings under the DSU. Thus, in any proceedings, even if only one meeting with the parties is initially scheduled, it cannot be excluded that a second will not be held later. Panels have the discretion to request such an additional meeting with the parties, and the parties can also request such a meeting with the panel at the stage of interim review. The wording of Article 10.3 provides for this flexibility by referring generically to the ‘first meeting’, which may be one of a series of meetings or may be the only meeting.
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