Injury And Causation In Trade Remedy Law
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| Author | : James J. Nedumpara |
| Publisher | : Springer |
| Total Pages | : 295 |
| Release | : 2016-11-25 |
| Genre | : Law |
| ISBN | : 981102197X |
This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as “principal cause,” “substantial cause” and “a cause in and of itself” are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.
| Author | : Catherine Gascoigne |
| Publisher | : Cambridge University Press |
| Total Pages | : 297 |
| Release | : 2023-08-31 |
| Genre | : Law |
| ISBN | : 1316511308 |
Proposes an alternative methodology for determining causation in WTO law by drawing on causal philosophy and econometric analysis.
| Author | : Roberto Soprano |
| Publisher | : Routledge |
| Total Pages | : 307 |
| Release | : 2018-07-24 |
| Genre | : Law |
| ISBN | : 1351747673 |
World Trade Organisation (WTO) trade remedies (antidumping, anti-subsidy and safeguard agreements) are instruments used by WTO members to counter the economic injury caused by dumping, subsidies and the sudden and unforeseen increased imports. They are exceptions to the WTO principle of free trade and to the prohibition for States to react unilaterally to protect their own rights and interests, and as a result they have been accused by some as being the new tools of protectionism. This book analyses of the role and principles of WTO trade remedies in international law. In particular, it focuses on their aims, their structure, and their position within the WTO and more in general, the international legal system. The book considers trade remedies in light of fragmentation theories of international law and addresses the question how, and to what extent WTO law reflects and influences public international law.
| Author | : Leïla Choukroune |
| Publisher | : Cambridge University Press |
| Total Pages | : 847 |
| Release | : 2021-07-22 |
| Genre | : Law |
| ISBN | : 1108423884 |
An examination of the core principles, landmark disputes, and modern developments in IEL reflecting a global approach.
| Author | : United States. Congress. House. Committee on Ways and Means. Subcommittee on Trade |
| Publisher | : |
| Total Pages | : 558 |
| Release | : 1983 |
| Genre | : |
| ISBN | : |
| Author | : Thomas Weishing Huang |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 342 |
| Release | : 2003-01-01 |
| Genre | : Law |
| ISBN | : 904112148X |
As international trade turns increasingly toward China, it is crucial for trade practitioners to grasp the law of trade remedies as practiced in that country. Since China acceded to the World Trade Organization in 2002, its liberal and even enthusiastic interpretation of the WTO rules (and exceptions) on dumping, subsidies and safeguards?frequently noted in its rigorous antidumping enforcement activity?has revealed China?s adherence to the ?infant industry? theory of international trade. China?s concerted use of trade remedies can be best understood as the government?s support of its industries?which not long ago were merely units in a centrally-planned economy?as they struggle toward competitive advantage. However, for trade professionals outside of China, these specialized circumstances can give rise to serious legal difficulties. It is in order to forestall such problems, with keen analysis and informed insight, that this book has been written. The reader will find enormously helpful analysis of, and information about, such relevant details as the following, among many more: the role of the China State Economic and Trade Commission (SETC) and other official bodies; how petitions for antidumping and anti-subsidy investigations are filed; ?normal value? and ?constructed value? and their adjustments; actionable and non-actionable subsidies; assistance to disadvantaged regions, for reform activities, and for environmental reasons; indirect taxes; injury criteria of dumping and subsidies; fact patterns that give rise to safeguards; subject matter jurisdiction of judicial review; and administrative review. Trade Remedies: Law of Dumping, Subsidies and Safeguards in China expertly covers an important area of practice where little or no reliable materials existed before. In a world trade environment where China?s significance is growing rapidly, this book?s value for legal practitioners, trade officials, trade policymakers and academics in international trade law, anywhere in the world, cannot be overstated.
| Author | : Gregory Wells Bowman |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 746 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 9041128409 |
and political underpinnings." --Book Jacket.
| Author | : Larry V. Fedorov |
| Publisher | : Nova Publishers |
| Total Pages | : 178 |
| Release | : 2003 |
| Genre | : Business & Economics |
| ISBN | : 9781590336502 |
This book on agriculture issues in the United States identifies the trends of agricultural trade, examines the commodity composition of agricultural exports and imports, assesses the relative importance of agricultural exports in relation to domestic production, provides estimates of export market shares for major categories of agricultural products, and discusses the principal markets for exports as well as major suppliers of agricultural products to the US market. Also, figures and data are provided that deal with the US-Mexico agricultural trade policies and issues.
| Author | : Peter-Tobias Stoll |
| Publisher | : BRILL |
| Total Pages | : 1004 |
| Release | : 2008-06-25 |
| Genre | : Business & Economics |
| ISBN | : 9047427351 |
In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.
| Author | : Dukgeun Ahn |
| Publisher | : World Scientific |
| Total Pages | : 384 |
| Release | : 2016-02-29 |
| Genre | : Business & Economics |
| ISBN | : 9814704369 |
The Legal and Economic Analysis of the WTO/FTA System presents a collation of interdisciplinary studies covering a wide range of issues from WTO dispute settlement issues to trade remedy systems and FTA negotiations. The author applies legal as well as economic rationales and methods to analyze core issues in the world trading system and in doing so, sheds an interesting light on various trade issues. The interdisciplinary analysis on WTO and FTA issues provides a unique opportunity to reconsider many conventional trade topics. For instance, the author shows that third country dumping rarely used in the GATT/WTO system may have a new role with economic incentives in the context of FTAs. Contents:Dispute Settlement in the WTO System:Understanding Non-litigated Disputes in the WTO Dispute Settlement SystemKorea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic DevelopmentPractices and Theoretical Foundations of the Trade Remedy System:Alternative Approach to Causation Analysis in Trade Remedy Investigations: 'Cost of Production' TestThird Country Dumping: Origin, Evolution and ProspectRestructuring the WTO Safeguard Mechanism in The WTO Trade Remedy SystemFoe or Friend of GATT Article XXIV: Diversity in Trade Remedy RulesCountervailing Duty against China: Opening a Pandora's Box in the WTO System?United States — Anti-Dumping Measures on Certain Shrimp and Diamond Sawblades from China: Never Ending Zeroing in the WTO?International Decisions: United States — Definitive Anti-Dumping and Countervailing Duties on Certain Products from ChinaInterrelation between Trade and Finance:Linkages between International Trade and Financial Institutions: IMF, World Bank and WTOWTO Disciplines Under the IMF Program: Congruence or Conflict?Is the Chinese Exchange-rate Regime 'WTO-legal'?Book Review: International Law in Financial Regulation and Monetary AffairsLegal and Economic Analysis of Free Trade Agreements:Dispute Settlement Systems in Asian FTAs: Issues and ProblemsAnalysis of Anti-dumping Use in Free Trade AgreementsLegal Issues for Korea's "Internal Trade" in the WTO System Readership: Researchers, students, and members of the public who are interested in international trade or economic law, international economics and international political economy.
