WTO Dispute Settlement Mechanism(2)/刘成伟

WTO Dispute Settlement Mechanism(2)/刘成伟(53)
“[…] Given the significance of the principle of continued application of measures to the interpretation of Article XXIII:1(b), we shall need to give particularly careful analysis -- in examining the individual ‘measures’--to the evidence relating to such alleged continuing administrative guidance. At this stage, suffice it to say that we do not rule out the possibility that old ‘measures’ that were never officially revoked may continue to be applied through continuing administrative guidance. Similarly, even if measures were officially revoked, the underlying policies may continue to be applied through continuing administrative guidance. However, the burden is on the United States to demonstrate clearly that such guidance does in fact exist and that it is currently nullifying or impairing benefits.”

III Existence of a Benefit: Protection of Legitimate Expectations
（i）Protection of Legitimate Expectations（PLE）
As discussed previously, it is ruled that the non-violation remedy has an important role - that of protecting the reasonable expectations of competitive opportunities through negotiated concessions.

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