WTO Dispute Settlement Mechanism(2)/刘成伟(22)
（iii）Underlying Purpose of Art. XXIII:1(b)
Non-violation complaints are rooted in the GATT's origins as an agreement intended to protect the reciprocal tariff concessions negotiated among the contracting parties under Art. II of the GATT 1947. In the absence of substantive legal rules in many areas relating to international trade, the non-violation provision of Art. XXIII:1(b) was aimed at preventing contracting parties from using non-tariff barriers or other policy measures to negate the benefits of negotiated tariff concessions.
The Panel in Japan-Film (DS44) 8 observes that the underlying purpose of Art. XXIII:1(b) was cogently explained by the panel on EEC-Oilseeds, which stated: “The idea underlying [the provisions of Article XXIII:1(b)] is that the improved competitive opportunities that can legitimately be expected from a tariff concession can be frustrated not only by measures proscribed by the General Agreement but also by measures consistent with that Agreement. In order to encourage contracting parties to make tariff concessions they must therefore be given a right of redress when a reciprocal concession is impaired by another contracting party as a result of the application of any measure, whether or not it conflicts with the General Agreement. [. . .] The Panel [on EEC - Oilseeds] considered that the main value of a tariff concession is that it provides an assurance of better market access through improved price competition. Contracting parties negotiate tariff concessions primarily to obtain that advantage. They must therefore be assumed to base their tariff negotiations on the expectation that the price effect of the tariff concessions will not be systematically offset. If no right of redress were given to them in such a case they would be reluctant to make tariff concessions and the General Agreement would no longer be useful as a legal framework for incorporating the results of trade negotiations.”
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