The Standard of Review for Issues of Law under the WTO Anti-Dumping Agreement
On April 25, Laboratory of International Justice held a Round Table on the topic “The Standard of Review for Issues of Law under the WTO Anti-Dumping Agreement”.
Yury Rovnov, the Research Fellow of the Laboratory of International Justice, senior lecturer of the Department of International Law presented the report of the research on the subject. Vladimir Talanov, Associate Professor of the Department of International Law, spoke as a panelist.
Article 17.6(ii), part of the section “Consultation and Dispute Settlement” of the Anti-Dumping Agreement, establishes a diminished standard of review with respect to the interpretation of the provisions of the Agreement by the authorities of WTO Members. Namely, it requires the panel to recognize as compliant with the Agreement anti-dumping measures, which are based on the permissible interpretation of its provisions, even if the panel does not consider it optimal.
The round table discussed, inter alia, the unique place of article 17.6 (ii) in the WTO legal order and in the system of international law; its application (and non-application) by the WTO Appellate Body and arbitrators under the Multi-Party Interim Arbitration Arrangement (MPIA); appropriate role of appellate instance in anti-dumping cases in the light of the limits of control, established by article 17.6 (ii). The role of institutional factor in the formation of the legal positions of permanent higher judicial and quasi-judicial bodies was separately touched on during the discussion.
The results of the research are written in English in the form of a scientific article, which is submitted for publication in an international journal.