WTO Dispute Settlement Mechanism(3)/刘成伟(9)
In short, given that Art. 6.1 of the DSU essentially requires the DSB to establish a panel automatically upon request of a party, a panel cannot rely upon the DSB to ascertain that requisite consultations have been held and to establish a panel only in those cases, unless otherwise spelled out expressly in the covered agreements, e.g. Art. 4 of the SCM Agreement.
【NOTE】
1. See, WT/DS22/R/287.
2. See, WT/DS75/R, WT/DS84/R/10.23.
3. See, WT/DS132/AB/RW/54.
4. See, WT/DS75/R; WT/DS84/R/10.19.
5. See, WT/DS132/AB/RW/57-61.
6. See, WT/DS132/AB/RW/64.
7. See, WT/DS46/AB/R/131.
Section Two
Establishment of Panels: Art. 6.2
I Introduction
There has often been divergence in many particular cases as to the sufficient specificity of the request for the establishment of a panel. As is the issue what we will get down to next, and in this respect what bears the most significance is the text of Art. 6.2 of the DSU, which reads as:
“The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly. In case the applicant requests the establishment of a panel with other than standard terms of reference, the written request shall include the proposed text of special terms of reference.”
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