WTO Dispute Settlement Mechanism(7)/刘成伟(8)
(ii) Art. 6.2 of the DSU and Art. 17.5(i) of the AD Agreement
Mexico also contends that the United States' request for establishment is insufficient under Art. 17.5(i) of the AD Agreement because it does not indicate how Mexico's final anti-dumping measure nullifies or impairs benefits accruing to the United States under the AD Agreement, and does not indicate how the achieving of the objectives of the AD Agreement was being impeded by that measure. In considering this issue, the Panel rule in pertinent as: 2
“[W]e note Article 17.5(i) of the AD Agreement, which provides: ‘The DSB shall, at the request of the complaining party, establish a panel to examine the matter based upon: (i) A written statement of the Member making the request indicating how a benefit accruing to it, directly or indirectly, under this Agreement, has been nullified or impaired, or that the achieving of the objectives of the Agreement is being impeded.’
The United States' request for establishment does not use the words ‘nullified or impaired’, nor the words ‘the achieving of the objectives of the Agreement is being impeded’. However, it does allege specific violations of its rights and Mexico's obligations under the AD Agreement, which is a ‘covered agreement’ under the DSU.
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