WTO Dispute Settlement Mechanism(3)/刘成伟(59)
During the appellate review in EC-Hormones (DS26/DS48), the European Communities contends that, notwithstanding its protest that these decisions affected its rights of defence, the Panel took a number of decisions granting additional third party rights to Canada and the United States which are not justified by Art. 9.3 of the DSU, are inconsistent with Arts. 7.1, 7.2, 18.2 and 10.3 thereof, and were not granted to the other third parties. The European Communities refers to the following decisions of the Panel: first, to hold a joint meeting with scientific experts; second, to give access to all of the information submitted in the United States' proceeding to Canada; third, to give access to all of the information submitted in the Canadian proceeding to the United States; and fourth, to invite the United States to observe and make a statement at the second substantive meeting in the proceeding initiated by Canada. In this respect, the Appellate Body rules as follows:4
“Article 9.3 of the DSU reads as follows: ‘If more than one panel is established to examine the complaints related to the same matter, to the greatest extent possible the same persons shall serve as panelists on each of the separate panels and the timetable for the panel process in such disputes shall be harmonized.’
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