WTO Dispute Settlement Mechanism(7)/刘成伟(13)
Art. 17.5(i) does not require a complaining Member to use the words “nullify” or “impair” in a request for establishment. In this respect, serving as context for interpreting the requirements of Art. 17.5(i), Art. 3.8 of the DSU provides a presumption, which in practice operates as an irrefutable presumption, that the violation of a covered agreement constitutes a prima facie case of nullification or impairment. Therefore, a request alleging violations of the AD Agreement which, if demonstrated, will constitute a prima facie case of nullification or impairment under Art. 3.8 of the DSU, contains a sufficient allegation of nullification or impairment for purposes of Art. 17.5(i) of the AD Agreement.
As discussed above, we have examined some aspects of panel’s jurisdiction relating to the initiation and conduct of anti-dumping investigations. How about the legal basis for a complaining party to bring a claim against anti-dumping legislation as such?
III General Legal Basis for Claims against Legislation as Such
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