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from Part I - Appellate Body Reports

Published online by Cambridge University Press:  05 June 2012

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Summary

Judicial Economy

See also Completion of the Legal Analysis by the Appellate Body (C.4)

(WT/DS33/AB/R, WT/DS33/AB/R/Corr.1)

Nothing in [Article 11 of the DSU] or in previous GATT practice requires a panel to examine all legal claims made by the complaining party. Previous GATT 1947 and WTO panels have frequently addressed only those issues that such panels considered necessary for the resolution of the matter between the parties, and have declined to decide other issues. Thus, if a panel found that a measure was inconsistent with a particular provision of the GATT 1947, it generally did not go on to examine whether the measure was also inconsistent with other GATT provisions that a complaining party may have argued were violated. In recent WTO practice, panels likewise have refrained from examining each and every claim made by the complaining party and have made findings only on those claims that such panels concluded were necessary to resolve the particular matter.

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Publisher: Cambridge University Press
Print publication year: 2011

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