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《Wuhan University International Law Review》 2018-02
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The Exercise of Judicial Economy by the WTO Appellate Body

A strict interpretation of the Article 17.12 of Understanding on Rules and Procedures Governing the Settlement of Disputes(DSU) may render that the Appellate Body is not authorized to exercise judicial economy. Nevertheless, this issue remains controversial. In the dispute settlements of the WTO, the Appellate Body has exercised judicial economy in many cases. If the Appellate Body found it unnecessary to address a substantive issue for the purpose of dispute settlement, it would not review this issue out of the consideration of judicial economy. Besides, no matter if the Appellate Body upheld,reversed or made no finding on a substantive claim, it often made no finding on the relevant procedural claim. In addition to saving judicial resources, the Appellate Body may also exercise judicial economy to avoid reviewing certain knotty systemic issues.
【CateGory Index】: D996.1
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