WTO Dispute Settlement Mechanism(7)
allows a WTO Member to challenge legislation as such, Article 17 of the Anti-Dumping Agreement is properly to be regarded as allowing a challenge to legislation as such, unless this possibility is excluded. No such express exclusion is found in Article 17 or elsewhere in the Anti-Dumping Agreement.
In considering whether Article 17 contains an implicit restriction on challenges to anti-dumping legislation as such, we first note that Article 17.1 states: ‘Except as otherwise provided herein, the Dispute Settlement Understanding is applicable to consultations and the settlement of disputes under this Agreement.’
Article 17.1 refers, without qualification, to ‘the settlement of disputes’ under the Anti-Dumping Agreement. Article 17.1 does not distinguish between disputes relating to anti-dumping legislation as such and disputes relating to anti-dumping measures taken in the implementation of such legislation. Article 17.1 therefore implies that Members can challenge the consistency of legislation as such with the Anti-Dumping Agreement unless this action is excluded by Article 17.
Similarly, Article 17.2 of the Anti-Dumping Agreement does not distinguish between disputes relating to anti-dumping legislation as such and disputes relating to anti-dumping measures taken in the implementation of such legislation. On the contrary, it refers to consultations with respect to ‘any matter affecting the operation of this Agreement’.
Article 17.3 of the Anti-Dumping Agreement states, in wording that mirrors Article XXIII of the GATT 1994: ‘If any Member considers that any benefit accruing to it, directly or indirectly, under this Agreement is being nullified or impaired, or that the achievement of any objective is being impeded, by another Member or Members, it may, with a view to reaching a mutually satisfactory resolution of the matter, request in writing consultations with the Member or Members in question….’
In our Report in Guatemala - Cement, we described Article 17.3 as: ‘… the equivalent provision in the Anti-Dumping Agreement to Articles XXII and XXIII of the GATT 1994, which serve as the basis for consultations and dispute settlement under the GATT 1994…’
Article 17.3 does not explicitly address challenges to legislation as such. As we have seen above, Articles XXII and XXIII allow c
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In considering whether Article 17 contains an implicit restriction on challenges to anti-dumping legislation as such, we first note that Article 17.1 states: ‘Except as otherwise provided herein, the Dispute Settlement Understanding is applicable to consultations and the settlement of disputes under this Agreement.’
Article 17.1 refers, without qualification, to ‘the settlement of disputes’ under the Anti-Dumping Agreement. Article 17.1 does not distinguish between disputes relating to anti-dumping legislation as such and disputes relating to anti-dumping measures taken in the implementation of such legislation. Article 17.1 therefore implies that Members can challenge the consistency of legislation as such with the Anti-Dumping Agreement unless this action is excluded by Article 17.
Similarly, Article 17.2 of the Anti-Dumping Agreement does not distinguish between disputes relating to anti-dumping legislation as such and disputes relating to anti-dumping measures taken in the implementation of such legislation. On the contrary, it refers to consultations with respect to ‘any matter affecting the operation of this Agreement’.
Article 17.3 of the Anti-Dumping Agreement states, in wording that mirrors Article XXIII of the GATT 1994: ‘If any Member considers that any benefit accruing to it, directly or indirectly, under this Agreement is being nullified or impaired, or that the achievement of any objective is being impeded, by another Member or Members, it may, with a view to reaching a mutually satisfactory resolution of the matter, request in writing consultations with the Member or Members in question….’
In our Report in Guatemala - Cement, we described Article 17.3 as: ‘… the equivalent provision in the Anti-Dumping Agreement to Articles XXII and XXIII of the GATT 1994, which serve as the basis for consultations and dispute settlement under the GATT 1994…’
Article 17.3 does not explicitly address challenges to legislation as such. As we have seen above, Articles XXII and XXIII allow c
《WTO Dispute Settlement Mechanism(7)(第9页)》
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