WTO Dispute Settlement Mechanism(3)/刘成伟(66)
We therefore find that there was no reason to grant enhanced third party rights to Japan in these proceedings.”
While in US-1916 Act (by Japan) (DS162), a similar ruling as to a similar request by the EC, mutatis mutandis, is issued. 6 However, both EC and Japan appeal As to the appeal (DS136/DS162), the Appellate Body rules as: 7
“Although the European Communities and Japan invoke Article 9 of the DSU, and, in particular, Article 9.3, in support of their position, we note that Article 9 of the DSU, which concerns procedures for multiple complaints related to the same matter, does not address the issue of the rights of third parties in such procedures.
Under the DSU, as it currently stands, third parties are only entitled to the participatory rights provided for in Articles 10.2 and 10.3 and paragraph 6 of Appendix 3.
Article 12.1 of the DSU states: ‘Panels shall follow the Working Procedures in Appendix 3 unless the panel decides otherwise after consulting the parties to the dispute.’ Pursuant to Article 12.1, a panel is required to follow the Working Procedures in Appendix 3, unless it decides otherwise after consulting the parties to the dispute.
总共72页
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