WTO Dispute Settlement Mechanism(7)/刘成伟(31)
5 See, in detail, WT/DS152/R/7.17-7.20.
6 See, WT/DS136/R/6.40; WT/DS162/R/6.36.
7 See, in detail, WT/DS136/R/6.48; WT/DS162/R/6.47.
8 See, WT/DS136/R/6.51; WT/DS162/R/6.50.
9 See, WT/DS176/AB/R/105.
10 See, WT/DS136/AB/R; WT/DS162/AB/R/57-58.
11 See, WT/DS136/AB/R; WT/DS162/AB/R/62-68.
12 See, WT/DS136/AB/R; WT/DS162/AB/R/70-74.
13 See, WT/DS136/AB/R; WT/DS162/AB/R/76-83.
Section Two
Ad hoc Standard of Review for Anti-dumping Disputes
I Introduction
As to the general approach for panels (outside of the anti-dumping areas), while there are no provisions in the DSU explicitly concerning the standard of review question, some language may be construed as relevant. As noted by the Appellate Body, in general, Art. 11 of the DSU which provides “an objective assessment” bears directly on standard of review applicable to the determination and assessment of the facts in national investigative proceedings. Most interesting, perhaps, is found at DSU Art. 3.2: “Recommendations and rulings of the DSB cannot add to or diminish the rights and obligations provided in the covered agreements”. This language could be interpreted as a constraint on the standard of review, but possibly not to the extent of Art. 17.6 of the Anti-dumping Agreement.1
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