WTO Dispute Settlement Mechanism(3)/刘成伟(70)
Only this strict compliance with the unequivocal text of Art. 10.3 secures that the interests and rights of third parties are “fully taken into account during the panel process” in a manner enabling the panel to receive “the benefit of a useful contribution by third parties which could help the Panel to make the objective assessment that it is required to make under Article 11 of the DSU”.
As it currently stands under the DSU, third parties are only entitled to the participatory rights provided for in Arts. 10.2 and 10.3 and paragraph 6 of Appendix 3. However, while the DSU does not provide for enhanced third party rights, neither Art. 10 of the DSU nor any other provision of the DSU prohibits panels from granting third party rights beyond those expressly mentioned in Art. 10. Beyond those minimum guarantees, it falls within the sound discretion and authority of panels, under Art. 12.1 and Appendix 3 of the DSU, to grant enhanced third party rights or additional participatory rights to third parties in particular cases, as long as such “enhanced” rights are consistent with the provisions of the DSU, particularly if the Panel considers it necessary for ensuring to all parties due process of law.
总共72页
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