Very good point. To my knowledge, this statement is solely the action of the WTO Secretariat, not the general council or the sps committee. Frankly speaking, the WTO Secretariat didn't act properly based on its mandate this time. WTO Members could question pascal Lamy if they so wish, because this is a very dangerous precedent. Only the general council or the DSB could make a valid judgement whether a Member's action is or not consistent with WTO rules, not the Secretariat. The Secretariat should bear this in mind, and should not be hubristic.
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