U.S.: DSU bans Appellate Body practice of 'advisory opinions'

摘要

The U.S. this week further detailed its objections to how the World Trade Organization's Appellate Body functions, arguing that the Dispute Settlement Understanding expressly forbids the issuance of "advisory opinions." The U.S. repeatedly objected to what it considers judicial overreach by the Appellate Body - especially the court's practice of issuing advisory opinions on issues not relevant to resolve disputes. Several provisions of the Dispute Settlement Understanding are carried over directly from General Agreement on Tariffs and Trade, the U.S. argued at the Dispute Settlement Body meeting, and "[t]here was no question that GATT dispute settlement did not authorize advisory opinions."