WTO Dispute Settlement Mechanism(2)/刘成伟(43)
‘the Panel noted that these provisions, as conceived by the drafters and applied by the CONTRACTING PARTIES, serve mainly to protect the balance of tariff concessions. The idea underlying them 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’.
We consider that a ‘measure which is not otherwise regulated by GATT rules’, that is to say to which the GATT does not apply, is, a fortiori, ‘not in conflict’ with the GATT within the meaning of Article XXIII:1(b) or ‘consistent’ within the meaning of the EEC - Oilseeds report. Consequently, we find that the passage in the Japan - Film report cited by the EC, far from supporting their position, confirms the opinion according to which Article XXIII:1(b) applies to a measure whether it is consistent with the GATT because the GATT does not apply to it or is justified by Article XX.
For these reasons, we do not allow the EC's first argument.”
总共85页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37] [38] [39] [40] [41] [42] 43
[44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] [71] [72] [73] [74] [75] [76] [77] [78] [79] [80] [81] [82] [83] [84] [85] 上一页 下一页