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> EC — Bananas III, para. 10
> EC — Bananas III, para. 12
P.4.1 EC — Bananas III, para. 10
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… we can find nothing in the Marrakesh Agreement Establishing
the World Trade Organization (the “WTO Agreement”), the DSU
or the Working Procedures, nor in customary international law or the
prevailing practice of international tribunals, which prevents a WTO
Member from determining the composition of its delegation in Appellate
Body proceedings. … we rule that it is for a WTO Member to
decide who should represent it as members of its delegation in an oral
hearing of the Appellate Body.
P.4.2 EC — Bananas III, para. 12
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… We also note that representation by counsel of a government’s
own choice may well be a matter of particular significance — especially
for developing-country Members — to enable them to participate fully in
dispute settlement proceedings. Moreover, given the Appellate Body’s
mandate to review only issues of law or legal interpretation in panel
reports, it is particularly important that governments be represented by
qualified counsel in Appellate Body proceedings.
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