WTO Dispute Settlement Mechanism(2)/刘成伟(40)
However, as stressed by the Panel, giving a broad definition to measure does not expand the scope of the Art. XXIII:1(b) remedy because it remains incumbent on the complaining Member to clearly demonstrate how the measure at issue results in or causes nullification or impairment of benefits. At the same time, it may also be true that not every utterance by a government official or study prepared by a non-governmental body at the request of the government or with some degree of government support can be viewed as a measure of a Member government. At all events the responding Member's government is only responsible for what it has itself caused. Thus, that possibility will need to be examined on a case-by-case basis.
（ii）Measures Falling under Other Provisions of the GATT 1994
In EC–Asbestos (DS135), before the Panel, Canada claims that, under Art. XXIII:1(b) of the GATT 1994, the application of the measure at issue nullified or impaired benefits accruing to Canada. The European Communities raises preliminary objections, arguing on two grounds that the measure fall outside the scope of application of Art. XXIII:1(b). First, the European Communities contends that Art. XXIII:1(b) applies only to measures which does not otherwise fall under other provisions of the GATT 1994. Second, the European Communities argues that, while it may be possible to have “legitimate expectations” in connection with a purely “commercial” measure, it is not possible to claim “legitimate expectations” with respect to a measure taken to protect human life or health, which can be justified under Art. XX(b) of the GATT 1994.6
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