WTO Dispute Settlement Mechanism(2)/刘成伟(52)
For these reasons, we dismiss the European Communities' appeal under Article XXIII:1(b) of the GATT 1994 and uphold the Panel's finding that Article XXIII:1(b) applies to measures which fall within the scope of application of other provisions of the GATT 1994 and which pursue health objectives. ”
（iv）Measures Applied Continuingly
Given that the text of Art. XXIII:1(b) contemplates nullification or impairment in the present tense, caused by application of a measure, “whether or not it conflicts” (also in the present tense), the ordinary meaning of this provision limits the non-violation remedy to measures that are currently being applied. In only a very small number of cases, involving very particular situations, have panels proceeded to adjudicate claims involving measures which no longer exist or which are not being applied any longer. In those cases, the measures have been typically applied in the very recent past. For example, in Japan-Film (DS44), the parties disagree as to whether or not certain of the “measures” at issue are still in effect. In this respect, the Panel rules that:11
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