WTO Dispute Settlement Mechanism(2)/刘成伟(29)
III Presupposed Situation Complaints
The GATT/WTO have never ruled that the existence of a situation as prescribed in Art. XXIII:1(c) give rise to a nullification or impairment. However, under the procedure set out in the DSU, the existence of such a situation-related dispute between WTO members is presupposed. As is stipulated in Article 26.2 of the DSU as:
“2. Complaints of the Type Described in Paragraph 1(c) of Article XXIII of GATT 1994
Where the provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to it directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the existence of any situation other than those to which the provisions of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable. Where and to the extent that such party considers and a panel determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members. The dispute settlement rules and procedures contained in the Decision of 12 April 1989 (BISD 36S/61-67) shall apply to consideration for adoption, and surveillance and implementation of recommendations and rulings. The following shall also apply:
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