WTO Dispute Settlement Mechanism(1)/刘成伟(17)
The Appellate Body performs also a general function of guaranteeing the proper application and interpretation of the law in case of dispute within the organization in the interest of all its members. It is especially for the Appellate Body to carry out the general functions of the dispute settlement system as laid down in Art. 3.2 of the DSU, that is “to preserve the rights and obligations of members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules of interpretation of public international law”. As commented somewhere, “[t]he standing Appellate Body of the WTO is to be considered in all respects as an international tribunal, set up within the organization for the impartial and final settlement of disputes between members concerning their respective obligations under the various agreements, in accordance with relevant provisions and within the framework of public international law. This conclusion is not contradicted by the fact that the name ‘tribunal’ has not been used, since formally, the Appellate Body, as is the case for the panels, issues reports which have to be formally, but automatically, adopted by the competent organ of the organization.” 2
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