WTO Dispute Settlement Mechanism(2)/刘成伟(81)
On the other hand, when the measure shown to be prior to the conclusion, the respondent raises a presumption that the complainant should be held to have anticipated those measures and it is for the complainant to rebut that presumption. Such a rebuttal may be established by showing that the short time period between this particular measure's publication and the formal conclusion makes it unrealistic to have an opportunity to reopen negotiations even if it had anticipated the possible adverse impact of the measures. To the extent that knowledge of a measure's existence is not equivalent to understanding the impact of the measure on a specific product market, where the complainant claims that it did not know of the underlying impact of the disputed measures, it must therefore clearly demonstrate why initially it could not have reasonably anticipated the effect of an existing measure and when it did realize the effect. A simple statement that a Member's measures were so opaque and informal is inadequate.
As to the benefits under successive rounds, where tariff concessions have been progressively improved, the benefits -- expectations of improved market access -- accruing directly or indirectly under different tariff concession protocols incorporated in GATT 1994 can be read in harmony.
总共85页
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