WTO Dispute Settlement Mechanism(2)/刘成伟(49)
All this leads the Panel to consider that, in practice, even if in a particular case a mutually satisfactory adjustment may be made under Article XXIII:1(b), in general, the risk of an effective increase in the cost of measures necessary to protect public health because of the applicability of Article XXIII:1(b) to measures justified under Article XX can only be very marginal. In fact, considering the criteria mentioned in the previous paragraph, very few measures of this kind could give rise to the application of Article XXIII:1(b).
For these reasons we do not subscribe to the interpretation proposed by the European Communities. Accordingly, we will continue our examination of the measure in the light of Article XIII:1(b) of the GATT 1994.”
The European Communities contends that the Panel erred in finding that Art. XXIII:1(b) applied to measures pursuing health objectives, rather than commercial ones, and which could, therefore, be justified under Art. XX(b) of the GATT 1994. In this respect, the Appellate Body finds that:10
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