Study On The Standard Of Review In WTO Anti-dumping Disputes

In international trade, disputes of dumping and anti-dumping among WTOmembers, may submit to WTO dispute settlement mechanism. WTO disputesettlement mechanism, is the legal means dealing with trade disputes amongmembers, and is a unified system of rules applicable to all WTO members.Generally, WTO dispute settlement mechanism may review the domestic lawsand determinations of the involved authorities in the adjudication ofanti-dumping cases, which inevitably result in "standard of review" ofanti-dumping disputes. This standard has always been a tough problem in WTOlegal systems, and is also related to the distribution of powers between nationalsovereignty and WTO jurisdiction to a greater extent. Thus, the study of thispaper is of great reference value and practical significance.Since WTO was established, especially since China had achieved theaccession to WTO, anti-dumping cases against China from all over the worldhave soared in quantitative terms each year. China was once even forced to revise domestic laws just for the fulfillment of the report made by DisputeSettlement Body. Meanwhile, many foreign products enter the Chinese marketsin the way of dumping, and our related industries suffered significant impact anddamage due to backward coping mechanism and insufficient response capacity.Therefore, the study of "standard of review" in anti-dumping disputes is of moreurgent and practical significance from the perspective of China. This articlebegins with the United States-Anti-Dumping Measures on Certain Hot-RolledSteel Products From Japan, and then raises the discussion of "standard ofreview". Afterwards, it comprehensively states the basic theory and historicalevolution of WTO "standard of review" in anti-dumping disputes. Next, thearticle analyzes the current laws of "standard of review" in WTO existing legalsystem. At last, the paper combinesthe NO.15of Protocol on the Accession ofthe People’s Republic ofChina, analyses the reasons of China’s frequentsuffering from anti-dumping disputes, and then puts forward correspondingcountermeasure on China’s response to anti-dumping disputes from theperspective of "standard of review".In the introduction part, the article introduces the background, meaning,major contents of WTO "standard of review" in anti-dumping disputes. Afterthat, the first chapter leads to the topic of "standard of review" from the UnitedStates-Anti-Dumping Measures on Certain Hot-Rolled Steel Products FromJapan. The second chapter gives a summary of WTO "standard of review" inanti-dumping disputes, including its implied meaning and historical evolution. Subsequently, the third chapter analyzes the current laws of "standard of review"in WTO existing legal system, and makes a distinction of the application inpractice between Article17.6of Agreement on Implementation of Article VI ofThe General Agreement on Tariffs and Trade1994and Article11ofUnderstanding on Rules and Procedures Governing the Settlement of Disputes.The last chapter indicates the trend of China involved in anti-dumping disputesin recent years, then combinesthe NO.15of Protocol on the Accession of thePeople’s Republic ofChina, analyses the reasons of China’s frequent sufferingfrom anti-dumping disputes, and puts forward corresponding countermeasure onChina’s response to anti-dumping disputes from the perspective of "standard ofreview".