一、磋商程序
磋商程序是WTO争端解决的第一步,是两个或两个以上的成员之间通过协商解决争端的一种方式。磋商是GATT开始已经确立的一种重要的争端解决方式,DSU为磋商制定了更加严格的程序。
(一)磋商的时限
DSB第4条第3、7、8款对磋商的时限进行了详细的规定:
3. If a request for consultations is made pursuant to a covered agreement, the Member to which the request is made shall, unless otherwise mutually agreed, reply to the request within 10 days after the date of its receipt and shall enter into consultations in good faith within a period of no more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Member does not respond within 10 days after the date of receipt of the request, or does not enter into consultations within a period of no more than 30 days, or a period otherwise mutually agreed, after the date of receipt of the request, then the Member that requested the holding of consultations may proceed directly to request the establishment of a panel.
7. If the consultations fail to settle a dispute within 60 days after the date of receipt of the request for consultations, the complaining party may request the establishment of a panel. The complaining party may request a panel during the 60-day period if the consulting parties jointly consider that consultations have failed to settle the dispute.
8. In cases of urgency, including those which concern perishable goods, Members shall enter into consultations within a period of no more than 10 days after the date of receipt of the request. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request, the complaining party may request the establishment of a panel.
磋商请求所针对的成员,应当在收到请求之日起10日内作出答复,并应在收到请求之日起不超过30天的期限内进行磋商。但双方可另行商定进行磋商的时限,不受上述10天和30天的约束。如对方未在10天内作出答复,或未在30天或商定的时间内进行磋商,则请求方可直接开始申请设立专家组。如在收到磋商请求之日起60天内,磋商未能解决争端,则投诉方可以申请设立专家组。也就是说,磋商的最长期限为收到磋商请求之日起60天。但是,如果磋商各方共同认为磋商已不能解决争端,则投诉方可以不必等到60天结束,就可以申请设立专家组。