WTO Dispute Settlement Mechanism(3)/刘成伟(63)
However, as to be confirmed in the following paragraphs, enhanced third party rights are granted primarily because of the specific circumstances, although granting enhanced third party rights is part of the discretion of panels under Article 12.1 of the DSU. Panels have no discretion to circumscribe the rights guaranteed to third parties by the provisions of the DSU.
In US-1916 Act (by EC) (DS136), on 2 September 1999, Japan requested to be granted enhanced third party rights in this case. In particular, Japan requested to receive all the necessary documents, including submissions and written versions of statements of the parties and to attend all the sessions of the second substantive meeting of the Panel. At the request of the Panel, the EC and the United States commented on this request. The EC agreed to the request of Japan, provided that the EC's request of a similar nature in the case initiated by Japan concerning the same matter (DS162) would also be accepted. The United States strongly objected to the request of Japan. In the opinion of the United States, enhanced third party rights were not necessary in order to obtain access to the submissions of the parties. In European Communities - Measures Concerning Meat and Meat Products (‘Hormones’), the panel had granted enhanced third party rights essentially because the panel had informed the parties that concurrent deliberations would be conducted in the case initiated by the United States and in the case initiated by Canada. The United States mentioned that it would not support concurrent deliberations in this case and that it could not agree to a request of which the apparent purpose was to provide the third parties with an opportunity to make an additional submission in their own panel process.
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