WTO Dispute Settlement Mechanism(7)/刘成伟(11)
(iii) A Summary Guiding
Generally, the provisions of the DSU must be read together with the provisions of special or additional rules for dispute settlement in covered agreements unless there is a difference between them. As to relationship between Art. 6.2 of the DSU and Art. 17.4 of the AD Agreement, it has been ruled by the Appellate Body that they are complementary and should be applied together in disputes under the AD Agreement. Art. 17.4 does not set out any further or additional requirements with respect to the degree of specificity with which claims must be set forth in a request for establishment challenging a final anti-dumping measure. A request that satisfies the requirements of Art. 6.2 of the DSU in this regard also satisfies the requirements of Art. 17.4 of the AD Agreement.
The word “matter” has been stated to have the same meaning in Art. 17 of the AD Agreement as it has in Art. 7 of the DSU. It consists of two element: The specific “measure” and the “claims” relating to it, both of which must be properly identified in a panel request as required by Art. 6.2 of the DSU. However, pursuant to the provisions of Art. 17.4 of the AD Agreement and Art. 6.2 of the DSU, in disputes under the AD Agreement relating to the initiation and conduct of anti-dumping investigations, a definitive anti-dumping duty, the acceptance of a price undertaking or a provisional measure must be identified as part of the matter referred to the DSB.
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