WTO Dispute Settlement Mechanism(2)/刘成伟(51)
An important aspect of the European Communities' argument is that a Member cannot have reasonable expectations of continued market access for products which are shown to pose a serious risk to human life or health. However, the paragraphs of the Panel Report appealed by the European Communities involve exclusively the Panel's findings on the threshold issues of the scope of application of Article XXIII:1(b). This particular argument of the European Communities, important as it is, simply does not relate to those threshold issues. Rather, the European Communities' argument relates to the substance of a claim that has been determined to fall within the scope of application of Article XXIII:1(b) and, in particular, concerns the issue whether a ‘benefit’ has been ‘nullified or impaired’ by a measure restricting market access for products posing a health risk. Here, we emphasize that the European Communities does not appeal the Panel's findings relating to the ‘nullification or impairment’ of a ‘benefit’ through the frustration of reasonable expectations by application of the measure at issue. We do not, therefore, find it necessary to examine the European Communities' argument relating to reasonable expectations.
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