WTO Dispute Settlement Mechanism(2)/刘成伟(39)
Consequently, the Panel rules that they should be open to a broad definition of the term measure for purposes of Art. XXIII:1(b). That is to say, it is necessary for them to examine each alleged “measure”, whether a binding government action or a non-binding government action with an effect similar to a binding one, to see whether it has the particular attributes required of a measure for Art. XXIII:1(b) purposes. The Panel reaches this conclusion in considering the purpose of Art. XXIII:1(b), which is to protect the balance of concessions under GATT by providing a means to redress government actions not otherwise regulated by GATT rules that nonetheless nullify or impair a Member's legitimate expectations of benefits from tariff negotiations. To achieve this purpose, as observed by the Panel, it is important that the kinds of government actions considered to be measures covered by Art. XXIII:1(b) should not be defined in an unduly restrictive manner. Otherwise, there is the risk of cases, in which governments have been involved one way or another in the nullification or impairment of benefits, which will not be redressable under Art. XXIII:1(b), thereby preventing the achievement of its purpose. In fact, it is difficult to establish bright-line rules in this regard.
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