WTO Dispute Settlement Mechanism(3)/刘成伟(71)
Nevertheless, enhanced third party rights have so far been granted largely based on practical reasons and due process had to be preserved. Panel practice shows that only in exceptional circumstances have third parties received such extended third party rights. After all, the DSU differentiates in terms of rights between main parties and third parties and that this principle should be respected in order to keep with the spirit of the DSU in that respect. In short, a panel's decision whether to grant ‘enhanced’ participatory rights to third parties is thus a matter that falls within the discretionary authority of that panel. Such discretionary authority is, of course, not unlimited and is circumscribed, for example, by the requirements of due process.
【NOTE】:
1. See, WT/DS103/RW; WT/DS113/RW/2.33-2.35.
2. See, WT/DS108/AB/RW/242-252.
3. See, WT/DS108/AB/RW/243.
4. See, WT/DS26/AB/R; WT/DS48/AB/R/151-154.
5. See, WT/DS136/R/6.32-6.36.
6. See, WT/DS162/R/6.32-6.35.
7. See, WT/DS136/AB/R; WT/DS162/AB/R/144-150.
总共72页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37] [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] 71
[72] 上一页 下一页