WTO Dispute Settlement Mechanism(7)/刘成伟(20)
Since legal basis for claims against legislation as such under the GATT 1994 has generally been discussed above, the author will not give unnecessary detail in this respect and means to focus here on the issue of the legal basis for claims brought under the AD Agreement, Art. 17.4 of the AD Agreement bears great relevance here. Then the author will examine some relevant aspects of the Appellate Body Report on US-1916 Act (DS136/DS162).
(ii) General Legal Basis under Art. 17 of the AD Agreement
In this respect, the Appellate Body rules: 11
“[…] Just as Articles XXII and XXIII of the GATT 1994 create a legal basis for claims in disputes relating to provisions of the GATT 1994, so also Article 17 establishes the basis for dispute settlement claims relating to provisions of the Anti-Dumping Agreement. In the same way that Article XXIII of the GATT 1994 allows a WTO Member to challenge legislation as such, Article 17 of the Anti-Dumping Agreement is properly to be regarded as allowing a challenge to legislation as such, unless this possibility is excluded. No such express exclusion is found in Article 17 or elsewhere in the Anti-Dumping Agreement.
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