WTO Dispute Settlement Mechanism(1)/刘成伟(15)
However, the primary purpose for introducing appeal has been that of avoiding mistakes in the legal finding by panels, although the improvement in the panels’ composition and independence and the possibility of seeking experts’ advice by them on technical issues should reduce this risk. Appeals from panel cases, heard by the standing Appellate Body, are “limited to issues of law covered in the panel report and legal interpretation developed by the panel” (Art. 17.6). And the Appellate Body “may uphold, modify or reverse the legal findings and conclusions of the panel” (Art. 17.13). The Appellate Body consequently passes upon the legal merits of the case with full jurisdiction and may either confirm or replace in whole or in part the panel’s report with its decision. It may also confine itself to correcting the legal interpretation of the panel modifying its legal findings but leaving its overall conclusions and recommendations unaffected. Therefore, a preliminary question as to the scope of appellate review is central to the Appellate Body’s disposition of the specific issues raised in the appeal. In addressing this issue, we think it helpful to recall the Appellate Body’s ruling in EC – Hormones (DS26/DS48) that: 1
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