WTO Dispute Settlement Mechanism(2)/刘成伟(83)
【NOTE】:
1. See, WT/DS44/R/10.41.
2. See, in detail, WT/DS163/R/7.85-7.86.
3. See, in detail, WT/DS44/R/10.43-10.56.
4. In Japan, it is accepted that the government sometimes acts through what is referred to as administrative guidance. In such a case, the company receiving guidance from the Government of Japan may not be legally bound to act in accordance with it, but compliance may be expected in light of the power of the government and a system of government incentives and disincentives arising from the wide array of government activities and involvement in the Japanese economy. As noted by the parties, administrative guidance in Japan takes various forms. Japan, for example, refers in this case to what it called “regulatory administrative guidance”, which it concedes effective substitutes for formal government action. It also refers to “promotional administrative guidance”, where companies are urged to do things that are in their interest to do in any event. And in Japan's view, this sort of guidance (“promotional administrative guidance”) should not be assimilated to a measure in the sense of Art. XXIII:1(b).
总共85页
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