WTO Dispute Settlement Mechanism(7)/刘成伟(51)
Specifically, Art. 11 of the DSU generally imposes upon panels a comprehensive obligation to make an “objective assessment of the matter”, embracing both factual and legal; Art. 17.6 is divided into two separate sub-paragraphs, involving a clear distinction between a panel's assessment of the facts and its legal interpretation of the AD Agreement.
Under Art. 17.6(i), the task of panels is simply to review the investigating authorities' “establishment” and “evaluation” of the facts. The texts of both Art. 11 of the DSU and Art. 17.6(i) provisions require panels to “assess” the facts, and it is inconceivable that Art. 17.6(i) should require anything other than that panels make an objective “assessment of the facts of the matter”. In this respect, we see no “conflict”. Art. 17.6(i) of the AD Agreement also sets forth the appropriate standard to be applied by panels in examining the WTO-consistency, i.e., the panel is to determine, first, whether the investigating authorities' “establishment of the facts was proper” and, second, whether the authorities' “evaluation of those facts was unbiased and objective”. I.e., to review whether the investigating authorities collected relevant and reliable information concerning the issue to be decided, and, whether, based on the evidence before the investigating authorities of the importing Member at the time of the determination, an unbiased and objective investigating authority evaluating that evidence could have reached the conclusions that the investigating authorities of the importing Member reached on the matter in question- it essentially goes to the investigative process.”
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