WTO Dispute Settlement Mechanism(2)/刘成伟(45)
（iii）Measures Concerning the Protection of Human Health
With regard to the EC's second argument in EC–Asbestos (DS135), the Panel rules that:9
“[…] [W]e note, first of all, that neither the text of Article XXIII:1(b) of the GATT 1994 nor that of Article 26:1 of the Understanding expressly incorporates the separation suggested by the EC between measures of a purely commercial nature and measures designed to protect human health. Although these articles require the existence of a measure - which neither of the Parties disputes - they do not distinguish between different types of measures. We have also found, on the basis of Article XX, that the application of the latter does not a priori exclude the application of Article XXIII:1(b). We therefore find that the terms and the context of Article XXIII:1(b) do not support the interpretation proposed by the EC.
Canada cites the preparatory work on the GATT 1947. On the basis of Article 32 of the Vienna Convention, we consider that it is not necessary to have recourse to the preparatory work unless, in particular, the interpretation based on the criteria of Article 31 leaves the meaning of the terms ambiguous or obscure or leads to a manifestly absurd or unreasonable result. Such is not the case. However, recourse to the preparatory work also makes it possible to confirm the meaning resulting from the application of Article 31.
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