Terms of Reference of Panels: Art. 7
刘成伟
【关键词】Section Three
【全文】
IIntroduction
Panel''s terms of reference are governed by Art. 7 of the DSU which states:
“1. Panels shall have the following terms of reference unless the parties to the dispute agree otherwise within 20 days from the establishment of the panel:
‘To examine, in the light of the relevant provisions in (name of the covered agreement(s) cited by the parties to the dispute), the matter referred to the DSB by (name of party) in document ... and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in that/those agreement(s).’
2. Panels shall address the relevant provisions in any covered agreement or agreements citedby the parties to the dispute.
3. In establishing a panel, the DSB may authorize its Chairman to draw up the terms of reference of the panel in consultation with the parties to the dispute, subject to the provisions of paragraph 1. The terms of reference thus drawn up shall be circulated to all Members.If other than standard terms of reference are agreed upon, any Member may raise any point relating thereto in the DSB. ”
The fundamental importance of a panel''s terms of reference has been stressed on more than one occasion. For example, the Appellate Body rules in Brazil-Coconut（DS22）that, a panel''s terms of reference are important for two reasons: “First, terms of reference fulfil an important due process objective -- they give the parties and third parties sufficient information concerning the claims at issue in the dispute in order to allow them an opportunity to respond to the complainant''s case. Second, they establish the jurisdiction of the panel by defining the precise claims at issue in the dispute.” 1
However, with regard to the issue of panel’s terms of reference, what we will firstly get down to is the relationship between the terms of reference and the consultation process.
