WTO Dispute Settlement Mechanism(7)/刘成伟(42)
To understand the source of that controversy, one must read Art. 17.6(ii) in the light of its negotiation context and history. 6 Art. 17.6(ii) was the compromise language of the Uruguay Round negotiators. What does it mean? A better understanding of its meaning must await future panel decisions. But at least on the face of it, subsection (ii) seems to establish a two-step process for panel review of interpretive questions.7 First, the panel must consider whether the provision of the agreement in question admits of more than one interpretation. If not, the panel must vindicate the provision’s only permissible interpretation. If, on the other hand, the panel determines that the provision does indeed admit of more than one interpretation, the panel shall proceed to the second step of the analysis and consider whether the national interpretation is within the set of “permissible” interpretations. If so, the panel must defer to the interpretation given to the provision by a national government.
(ii) Relationship between Art. 11 of the DSU and Art. 17.6 of the AD Agreement
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