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自WTO成立以来,针对反倾销调查中实施归零法的争端解决案件屡见不鲜。在2001年多哈回合反倾销规则改革谈判中,归零问题也是重要议题之一。由于《反倾销协定》未就归零问题做出明确规定,导致了成员对归零法本身的可诉性和合法性产生意见分歧,专家组和上诉机构也难以对此取得一致意见。运用法律解释的方法,结合WTO争端解决案例,分析了归零法的法律性质,得出归零法本身和适用均具有可诉性并且在反倾销各个阶段实施归零均属于违反WTO反倾销规则的结论。最后,结合反倾销规则谈判现状,指出仅凭WTO争端解决机构的裁判结果不能根本解决归零问题,终结归零法必须通过对现行WTO反倾销规则进行修改。
Since the founding of the WTO, the dispute settlement cases concerning the implementation of the zero method in anti-dumping investigations are not uncommon. In the 2001 Doha round of anti-dumping rules reform negotiations, the issue of zeroing is also one of the important topics. As the “Anti-Dumping Agreement” did not provide for the issue of zero, leading to the members of the zero law itself, the litigability and legitimacy of opinion differences, the panel and appellate body is difficult to reach agreement. Using the method of legal interpretation and the case of WTO dispute settlement, this paper analyzes the legal nature of the law of zero-return. It concludes that the law of zero-return is both prosecutable in its own right and its application and that the zero-elimination in all stages of anti-dumping are all in violation of the anti-dumping rules of WTO . Finally, the status quo of the negotiations on the anti-dumping rules is pointed out. It is pointed out that the question of zeroing can not be fundamentally solved by the refereeing result of the WTO dispute settlement agency. The termination of the zeroing law must be amended through the existing WTO anti-dumping rules.