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Panel Requests: What’s The Problem?

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Chapter Summary

This paper describes the legal matters at issue and discusses how the new Appellate Body jurisprudence might offer a reading of the requirements of Article 6.2 of the DSU, which could ultimately enhance due process rights from the outset of panel proceedings. Accordingly, this paper seeks to present the relevant jurisprudence as it has evolved from the EC-Bananas III dispute to the recent Appellate Body reports in China-Raw Materials. The second section sets out the relationship between panel requests and the jurisdiction of panels to examine matters and make findings. A review of relevant jurisprudence is in Sections three and four. Section five examines the panel and the Appellate Body proceedings in China-Raw Materials. Some systemic issues are discussed in Section six. The Appellate Body's finding in China-Raw Materials made clear that panels should deal with issues concerning jurisdiction early in proceedings, and should likely be welcomed in all quarters.

Keywords: Appellate Body; Article 6.2; DSU; EC-Bananas III; panel



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