A Case Study Of CE-fasteners On Standard Of Review By DSB

The anti–dumping dispute is one of the most frequent disputes in the currentinternational trade. For the resolution of these disputes, the World Trade Organization (WTO)provides a place, the Anti-dumping Dispute Agreement and Understanding on Rules andProcedures Governing the Settlement of Disputes (DSU) provide a guarantee. In the practiceof resolving the anti-dumping dispute, whether the standard of review been appliedreasonably and appropriately by the Dispute Settlement Body(DSB，including panel andAppellate Body) often becomes the core of the cases. According to the WTO Agreement, thestandards of review in anti-dumping disputes are mainly involved in the Paragraph6, Article17in the Anti-dumping Dispute Agreement and the Article11of the DSU.The case European Communities—Definitive Anti-Dumping Measures on Certain Ironor Steel Fasteners from China（DS397）is the first case that China sued the EU in WTO, andits winning has great significance to China. This paper starts with DS397and around this caseto study the application problem about the standard of review by DSB. Specifically speaking,this paper combines with the DS397, using the normative approach and case study method tointerpret the current two standards by reading the text; combines the reports from theDSB(panel and Appellate Body) to analyze how to apply the standards of review in this case.Finally, the author confirms that the success of this case has a great significance. At the sametime, also rethinks the problems reflected in this case and provides some suggestions. Apartfrom an introduction and a conclusion, this thesis consists of four chapters.Chapter1is the introduction of the case DS397. It introduces the case clearly in detail,from the beginning to the end, the cause and effect, and lists the claims and appeals of Chinaclearly.Chapter2describes the dispute focus and the differences between China and EuropeanUnion. This part gives details on the dispute. The differences between the controversial sideswere the application of the Article9(5) in the Council Regulation (EC). Mainly involves theproblem that whether the Article9(5) in Council Regulation (EC) violates the Article6.10andArticle9.2in WTO Anti dumping Agreement or not; the Article9(5) of Council Regulationapplied in the definition of the domestic industry. For the following analysis of using thestandard of review specifically to this case by DSB, this paper also introduces the reasons of both sides in detail.Chapter3introduces the theory of the standard of review. Based on the results ofprevious studies, this chapter first defines the concept of the standard of review and itsemergence and development; then interprets the two articles on the standard of review indetail. The Article11in DSU is a general standard established through a series of practice,following the objective evaluation review. After detailed analyze the Article17.6from factand legal aspects, which is the review standard that expressed in the WTO Anti dumpingAgreement, the author concluded: when on questions of fact, this Article shows the standardof ‘reasonable respect’; on the questions of law, it shows the mode of de novo review.Chapter4is the main difficulty of this paper. It analyzes the appropriate of the standardof review in the case DS397. Firstly, it clearly defines that the review standard of Article11inDSU and the special review standard of Article17.6in WTO Anti dumping Agreement couldboth be applied in anti-dumping area. Then, based on the Chapter2and Chapter3, the authorcombines the review standards and the case DS397, analyzes the report of the DSB to arguehow the Panel and Appellate Body applied the review standards in this case. Finally, theauthor undertakes reflection from this case, confirms that the success of this case has a greatsignificance. At the same time, the author also reconsiders the problems reflected in this case.In the end, the author obtains three enlightenments: we should pay more attention on theapplication of standard of review, attach more importance on evidences, and strengthen theresearch of domestic law.