WTO Dispute Settlement Mechanism(3)/刘成伟(67)
In support of their argument that the Panel should have granted them ‘enhanced’ third party rights, the European Communities and Japan refer to the considerations that led the panel in European Communities - Hormones to grant third parties ‘enhanced’ participatory rights, and stress the similarity between European Communities - Hormones and the present cases.
The Panel in the present cases gave the following reasons for refusing to grant the European Communities and Japan ‘enhanced’ participatory rights in the panel proceedings: ‘… We conclude from the reports in the EC - Hormones cases that enhanced third party rights were granted primarily because of the specific circumstances in those cases. We find that no similar circumstances exist in the present matter, which does not involve the consideration of complex facts or scientific evidence. Moreover, none of the parties requested that the panels harmonise their timetables or hold concurrent deliberations in the two procedures (WT/DS136 and WT/DS162). In fact, the European Communities was not in favour of delaying the proceedings in WT/DS136 and the United States objected to concurrent deliberations. …’
总共72页
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