WTO Dispute Settlement Mechanism(2)/刘成伟

WTO Dispute Settlement Mechanism(2)/刘成伟(84)
5. While in Japan-Restrictions on Imports of Certain Agricultural Products, the panel found that the informal administrative guidance used by the Japanese Government to restrict production of certain agricultural products could be considered to be a governmental measure within the meaning of GATT Art. XI:2 because it emanated from the government and was effective in the Japanese context. Specifically as regards the method used to enforce certain measures, the panel found that: “the practice of ‘administrative guidance’ played an important role. Considering that this practice is a traditional tool of Japanese Government policy based on consensus and peer pressure, the Panel decided to base its judgments on the effectiveness of the measures in spite of the initial lack of transparency”. In line with this observation, the Panel in present case considers that their analysis of the alleged “measures” must proceed in a manner that is sensitive to the context in which these governmental actions were taken and the effect they had on private actors.

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