WTO Dispute Settlement Mechanism(7)/刘成伟(28)
Therefore, we consider that Articles 18.1 and 18.4 support our conclusion that a Member may challenge the consistency of legislation as such with the provisions of the Anti-Dumping Agreement.
For all these reasons, we conclude that, pursuant to Article XXIII of the GATT 1994 and Article 17 of the Anti-Dumping Agreement, the European Communities and Japan could bring dispute settlement claims of inconsistency with Article VI of the GATT 1994 and the Anti-Dumping Agreement against the 1916 Act as such. We, therefore, uphold the Panel's finding that it had jurisdiction to review these claims.”
(v) Concluding Remarks
In the same way that Art. XXIII of the GATT 1994 allows a WTO Member to challenge legislation as such, Art. 17 of the AD Agreement is properly to be regarded as allowing a challenge to anti-dumping legislation as such, unless this possibility is excluded. No such express exclusion is found in Art. 17 or elsewhere in the AD Agreement.
In general, Arts. 17.1 and 17.2 of the AD Agreement do not distinguish between disputes relating to anti-dumping legislation as such and disputes relating to anti-dumping measures taken in the implementation of such legislation. Also, Art. 17.3 operates as the equivalent provision in the AD Agreement to Arts. XXII and XXIII of the GATT 1994. Therefore, they seem to imply that Members can challenge the consistency of legislation as such with the AD Agreement unless this action is excluded by Art. 17.
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