WTO Dispute Settlement Mechanism(3)/刘成伟(57)
Our interpretation of Article 10.3 is also consistent with the context of that provision. Article 10.1 directs panels ‘fully’ to take into account the interests of Members other than the parties to the dispute, and Article 10.2 requires panels to grant to third parties ‘an opportunity to be heard’. Article 10.3 ensures that, up to a defined stage in the panel proceedings, third parties can participate fully in the proceedings, on the basis of the same written submissions as the parties themselves. Article 10.3 thereby seeks to guarantee that the third parties can participate at a session of the first meeting with the panel in a full and meaningful fashion that would not be possible if the third parties were denied written submissions made to the panel before that meeting. Moreover, panels themselves will thereby benefit more from the contributions made by third parties and will, therefore, be better able ‘fully’ to take into account the interests of Members, as directed by Article 10.1 of the DSU.
In this regard, we observe that we agree with the panel in Canada - Dairy (Article 21.5 - New Zealand and US), which reasoned that: ‘Third parties can only [participate in an informed and, hence, meaningful, manner] if they have received all the information exchanged between the parties before that session. Otherwise, third parties might find themselves in a situation where their oral statements at the meeting become partially or totally irrelevant or moot in the light of second submissions by the parties to which third parties did not have access. Without access to all the submissions by the parties to the dispute to the first meeting of the panel, uninformed third party submissions could unduly delay panel proceedings and … prevent the Panel from receiving the benefit of a useful contribution by third parties which could help the Panel to make the objective assessment that it is required to make under Article 11 of the DSU.’
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