WTO Dispute Settlement Mechanism(7)/刘成伟(36)
(i) Ad hoc Approaches to Domestic Determination: Art. 17.6
As noted previously, in general, on balance panels don’t act as “super-investigative authorities” and do not engage in a de novo review of factual issues, nor in a total deference. However, as to be noted below, Art. 17.6 AD seems to set out an ad hoc specific standard of review for disputes arising under the AD Agreement. Art. 17.6 of the AD Agreement sets out a special standard of review for disputes arising under that Agreement. However, as to be shown in more detail below, this Art. 17.6 standard applies only to disputes arising under the AD Agreement, and not to disputes arising under other covered agreements. Importantly, it seems that the negotiators compromised so that the limiting language on standard of review as provided for in Art. 17.6 of the AD Agreement, would apply only to the anti-dumping text, and not necessarily to other dispute settlement cases before the WTO panels.
With regard to factual issues, it is Art. 17.6(i) that is on point. In this respect, the special standard in Art. 17.6(i) has been applied on many occasions, e.g., the Panel in Argentina-Floor Tiles (DS189) rules: 2
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