WTO Dispute Settlement Mechanism(3)/刘成伟(69)
IV Summary and Conclusions
The interpretation of Art. 10.3 of the DSU must start from the express wording of the provision. Art. 10.3 does not say that third parties shall receive “the first submissions” of the parties, but rather that they shall receive “the submissions” of the parties. The number of submissions that third parties are entitled to receive is not stated. Rather, Art. 10.3 defines the submissions that third parties are entitled to receive by reference to a specific step in the proceedings – “the first meeting of the panel”. It follow that, under this provision, third parties must be given all of the submissions, irrespective of the number of such submissions which are made, including any rebuttal submissions filed in advance of the first meeting, made by the parties up to the time of the first panel meeting in which the third parties participate - whether that meeting is the first of two panel meetings, or the first and only panel meeting. However, in respect of the third party rights Art. 10.3 of the DSU only refers to submissions “of the parties”; not to any other submissions such as the expert replies advising the panel.
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