Whether a state exercised the principles of good faith and due process in articulating its defence in a prompt and clear way so that the co-complainants had adequate opportunity to address and respond to defences.
Whether Article XI:2(c)(ii) of the General Agreement on Tariffs and Trade 1994 (the ‘GATT 1994’) was applicable in excluding alleged measures from the scope of Article XI:1 of the GATT 1994.
To what extent the Panel could exercise judicial economy in declining to rule on a few issues raised by the co-complainants.
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