WTO Dispute Settlement Mechanism(7)/刘成伟(54)
III Scope of Review of Fact-findings: Art. 17.5(ii) of the AD Agreement
Pursuant to Art. 17.6(i) of the DSU, panels’ approach in a dispute is to determine whether the establishment of the facts by the investigating authorities of the importing Member is proper and whether their evaluation of those facts is unbiased and objective. Where the establishment of the facts is proper, panels must examine whether the evidence before the investigating authorities of the importing Member in the course of their investigation and at the time of their determinations is such that an unbiased and objective investigating authority evaluating that evidence could have determined dumping, injury and causal relationship.
In connection with panels assessment of the facts of the matter under AD Agreement, Art. 17.5(ii), with which Art. 17.6(i) shall be read, states that the DSB shall establish a panel to examine the matter based upon: “the facts made available in conformity with appropriate domestic procedures to the authorities of the importing Member.” This seems to relate to all of the facts made available to the authorities of the importing Member. However, does it mean that a complainant WTO member may not raise new claims in a dispute settlement proceeding under the AD Agreement where such claims had not been raised before the national investigating authorities?
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