WTO Dispute Settlement Mechanism(7)/刘成伟(50)
(iii) A Summary Guiding
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. Also, Art. 17.6 of the AD Agreement sets out a special standard of review for, and only to, disputes arising under that Agreement, which applies not to disputes arising under other covered agreements.
Then we get down to the relationship between Art. 11 of the DSU and Art. 17.6 of the AD Agreement. Firstly, Art. 17.6 is identified as one of the “special or additional rules and procedures” which prevail over the DSU “to the extent that there is a difference” between those provisions and the provisions of the DSU. In this respect, it is only in a situation where the provisions cannot be read as complementing each other, i.e., where adherence to the one provision will lead to a violation of the other provision, i.e. in the case of a conflict between them, that the special or additional provisions are to prevail.
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