The Research Of Anti-Dumping Standard Of Review In WTO

In WTO system, When a Panel of Dispute Settle Body estimate a measure from a member of WTO if the measure was consistent with the articles of WTO, this panel not only to estimate the factual aspect of the dispute but also to judge the consistence of the explaining laws from the member, and decide whether this member has applied the laws into the proceeding of estimating factual aspect of the dispute consistently. These requires were named Standard of Review in WTO.There are two major non—tariff barriers(NTB) around the world which are Anti-dumping duties measures and countervailing duties measures. The Standard of Review which refer to World Trade Organization (WTO) relate to Article 17.6 of Anti—Dumping Agreement 1994 and Article 11 of the Agreement on Understanding on Rules and Procedures Governing the Settlement of Disputes. This thesis at First discuss the background and the production of the two WTO Standard of Review, and then make out a research and proving for the relationship between the unique Anti—Dumping Standard of Review and the general Standard of Review . Meanwhile, we will put forward a legal division between the WTO Panel and Appellate Body according to foregoing analysis. Finally, the thesis have concluded that the two Standard of Review is no-inconsistent in factual aspect and complementary in legal aspect. At the last part we will analyze the only case which refer to both anti—dumping measures and countervail measures in the WTO system, which names WT/DS277. And we will put forward some pieces of advise to Chinese enterprises, for when they face the investigation under Anti—Dumping and Countervail Agreement in WTO combining the analysis of this case and the foregoing theoretical analysis.In WTO Dispute Settle Body System, A Panel not only evaluate the factual issues related to the disputes, but also the consistency of the legal issues and whether the WTO members apply the legal articles to the factual issues consistently, when a Panel assess the consistency of the members' trade measures. These rules which require a Panel to evaluate the factual matters and legal issues are named the WTO Standard of Review.