WTO Dispute Settlement Mechanism(7)/刘成伟(30)
In the same way that the GATT/WTO case law firmly establishes that dispute settlement proceedings may be brought based on the alleged inconsistency of a Member's legislation as such with that Member's obligations, it has been found that, nothing inherent in the nature of anti-dumping legislation that would rationally distinguish such legislation from other types of legislation for purposes of dispute settlement, or that would remove anti-dumping legislation from the ambit of the generally-accepted practice that a panel may examine legislation as such.
In a word, Art. 17.4 sets out certain conditions, however, does not address or affect a Member's right to bring a claim of inconsistency with the AD Agreement against anti-dumping legislation as such. Members may challenge the consistency of legislation as such with the provisions of the AD Agreement.
【NOTE】:
1 See, in detail, WT/DS132/R/7.11; 7.14; 7.51-7.52.
2 WT/DS132/R/7.22-7.24; 7.26-7.28.
3 See, WT/DS136/AB/R; WT/DS162/AB/R/60.
4 See, WT/DS152/R/7.41.
总共71页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] 30
[31] [32] [33] [34] [35] [36] [37] [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] [71] 上一页 下一页