WTO Dispute Settlement Mechanism(7)/刘成伟(52)
We turn now to Art. 17.6(ii). The first sentence of Art. 17.6(ii), involves no “conflict” with the DSU but, rather, confirms the application to the AD Agreement of the usual rules of treaty interpretation under the DSU echoing closely Art. 3.2 of the DSU, i.e., “in accordance with customary rules of interpretation of public international law” embodied in Arts. 31 and 32 of the Vienna Convention which apply to any treaty, in any field of public international law, and not just to the WTO agreements. The second sentence of Art. 17.6(ii) presupposes that application of such rules of treaty interpretation could give rise to, at least, two interpretations of some provisions of the AD Agreement, which, under that Convention, would both be “permissible interpretations”. In that event, a measure is deemed to be in conformity with the Anti-Dumping Agreement “if it rests upon one of those permissible interpretations”. And the question of which provisions of the AD Agreement do admit of more than one “permissible interpretation”, if exists, can only be addressed within the context of particular disputes after application of the rules of treaty interpretation in Arts. 31 and 32 of the Vienna Convention.
总共71页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37] [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] 52
[53] [54] [55] [56] [57] [58] [59] [60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] [71] 上一页 下一页