WTO Dispute Settlement Mechanism(1)/刘成伟(9)
IV Special Rules for Claims against Anti-dumping Legislation as Such
(i) Introduction
(ii)General Legal Basis under Art. 17 of the AD Agreement
(iii) Understanding of Art. 17.4 of the AD Agreement
(iv) Extensive Basis in Context
(v) A Summary
Section Two Ad hoc Standard of Review for Anti-dumping Disputes
I Introduction
II Special Standard of Review under the AD Agreement: in General
(i) Ad hoc Approaches to Domestic Determination: Art. 17.6
(ii) Relationship between Art. 11 of the DSU and Art. 17.6 of the AD Agreement
(iii) A Summary Guiding
III Scope of Review of Fact-findings: Art. 17.5(ii) of the AD Agreement
(i)Overview of the GATT Practice
(ii)Concerned Rulings in Reports Issued by WTO Panels
(iii)Tentative Remarks: Guidance from the Appellate Body
Chapter VIII Strengthening of the Multilateral System
Chapter I
Trend towards “Judicialization”:
A Rule-oriented Dispute Settlement System
Over decades of years past, many countries have come to recognize the crucial role that dispute settlement mechanism plays for any treaty system. This is particularly the case for a treaty system designed to address the myriad of complex economic questions of international relations today and to facilitate the cooperation among nations that is essential to the peaceful and welfare-enhancing role of those relations. Dispute settlement procedure assists in making rules effective, thereby adding an essential measure of predictability and effectiveness for the operation of a rule-oriented system in the otherwise relatively weak realm of international norms.
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