WTO Dispute Settlement Mechanism(2)/刘成伟

WTO Dispute Settlement Mechanism(2)/刘成伟(30)
(a) the complaining party shall present a detailed justification in support of any argument made with respect to issues covered under this paragraph;
(b) in cases involving matters covered by this paragraph, if a panel finds that cases also involve dispute settlement matters other than those covered by this paragraph, the panel shall circulate a report to the DSB addressing any such matters and a separate report on matters falling under this paragraph.”

There is no jurisprudence that illuminates the scope of Art. XXIII:1(c). However, two types of situations that could possibly fall under this provision can usefully be distinguished. First, situations of the kind that the drafters had in mind, namely a general depression, high unemployment, collapse of the price of a commodity and other emergencies in international economic relations that cannot be corrected by the action of a particular government; and, second, situations that are within the control of a particular government and therefore capable of being modified by that government. 13

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