WTO Dispute Settlement Mechanism(4)/刘成伟(11)
Specifically, as to definition of the duties of panels in reviewing the investigations and determinations carried out by competent authorities, the Appellate Body in US-Combed Cotton Yarn (DS192) summarizes that, “[o]ur Reports in these disputes [Argentina-Footwear; US-Lamb Meat; US-Wheat Gluten] under the Agreement on Safeguards spell out key elements of a panel's standard of review under Article 11 of the DSU in assessing whether the competent authorities complied with their obligations in making their determinations. This standard may be summarized as follows: panels must examine whether the competent authority has evaluated all relevant factors; they must assess whether the competent authority has examined all the pertinent facts and assessed whether an adequate explanation has been provided as to how those facts support the determination; and they must also consider whether the competent authority's explanation addresses fully the nature and complexities of the data and responds to other plausible interpretations of the data. However, panels must not conduct a de novo review of the evidence nor substitute their judgement for that of the competent authority.” 19 “Nevertheless, the above principles concerning the standard of review under Article 11 of the DSU with respect to the Agreement on Safeguards apply equally, in our view, to a panel's review of a Member's determination under Article 6 of the ATC”. 12
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