WTO Dispute Settlement Mechanism(3)/刘成伟(6)
We do not wish to imply that we consider consultations unimportant. Quite the contrary, consultations are a critical and integral part of the DSU. But, we have no mandate to investigate the adequacy of the consultation process that took place between the parties and we decline to do so in the present case.”
On the other hand, the Appellate Body in Mexico-HFCS（DS132）（21.5）rules that, “as a general matter, consultations are a prerequisite to panel proceedings. However, this general proposition is subject to certain limitations.” The Appellate Body Report reads there:5
“Article 4 of the DSU sets forth a number of other provisions with respect to consultations. We recall that, in our Report in Brazil - Aircraft, we observed that:
Articles 4 and 6 of the DSU, as well as paragraphs 1 to 4 of Article 4 of the SCM Agreement, set forth a process by which a complaining party must request consultations, and consultations must be held, before a matter may be referred to the DSB for the establishment of a panel.
The general process that we described in that case also applies in disputes brought under other covered agreements. Thus, as a general matter, consultations are a prerequisite to panel proceedings. However, this general proposition is subject to certain limitations. For example, Article 4.3 of the DSU provides:
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