WTO Dispute Settlement Mechanism(1)/刘成伟(2)
As ruled by the Appellate Body in Japan-Taxes on Alcoholic Beverages (DS44), “[a]dopted panel reports are an important part of the GATT acquis. They are often considered by subsequent panels. They create legitimate expectations among WTO Members, and, therefore, should be taken into account where they are relevant to any dispute”. Furthermore, a panel could nevertheless find useful guidance in the reasoning of an unadopted panel report when it considers relevant. More importantly, as stated in the letter with which the Appellate Body conveyed in the February of 1996 its Working Procedures for Appellate Review to the DSB for information, “… it is also important to ensure consistency and coherence in our decision-making, which is to the advantage of every WTO Member and the overall multilateral trading system we all share”.
There is no doubt that, in line with the pragmatic evolution of the GATT dispute settlement system, the progressive clarification of a number of issues that are not precisely regulated in the DSU and the further development of the WTO dispute settlement procedures, will gradually evolve after having been tested and progressively clarified and improved in concrete dispute settlement cases.
总共18页
[1] 2
[3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] 上一页 下一页