WTO Dispute Settlement Mechanism(7)/刘成伟(35)
Since the standards laid out in the AD Agreement (and the DSU) essentially codify recent panel review standards under the GATT, and remain to be clarified and developed by further practice by the DSB under the WTO, the remainder of this section will examine those standards with respect to anti-dumping as implemented by panels and interpreted by the Appellate Body in particular cases.
II Special Standard of Review under the AD Agreement: in General
As noted above and more specified previously, in the absence of provisions in the DSU or any other covered agreements explicitly concerning the standard of review question, as to the general approach for panels (outside of the anti-dumping areas), 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. Also, panels have stated, on more than one occasion, that, for “all but one” of the covered agreements, Art. 11 of the DSU sets forth the appropriate standard of review for panels. The “one” is the AD Agreement.
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