Book contents
- Frontmatter
- Contents
- Foreword
- A note on the American Law Institute
- List of reporters
- 1 Introduction
- 2 EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
- 3 US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
- 4 US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
- 5 EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
- 6 Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
- 7 Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
- 8 US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
- 9 US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
- 10 Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
- 11 US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
- Index
- References
5 - EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
Published online by Cambridge University Press: 06 July 2010
- Frontmatter
- Contents
- Foreword
- A note on the American Law Institute
- List of reporters
- 1 Introduction
- 2 EC – Asbestos European Communities – Measures Affecting Asbestos and Asbestos-Containing Products
- 3 US – Shrimp United States – Import Prohibition of Certain Shrimp and Shrimp Products, Recourse to Article 21.5 of the DSU by Malaysia
- 4 US – Lamb United States – Safeguard Measures on Imports of Fresh, Chilled or Frozen Lamb Meat from New Zealand and Australia: What Should Be Required of a Safeguard Investigation?
- 5 EC – Bed Linen European Communities – Anti-Dumping Duties on Imports of Cotton-Type Bed Linen from India
- 6 Mexico – Corn Syrup Mexico – Anti-Dumping Investigation of High Fructose Corn Syrup from the United States, Recourse to Article 21.5 of the DSU by the United States
- 7 Argentina – Ceramic Tiles Argentina – Definitive Anti-Dumping Measures on Imports of Ceramic Floor Tiles from Italy
- 8 US – Lead and Bismuth II United States – Imposition of Countervailing Duties on Certain Hot-Rolled Lead and Bismuth Carbon Steel Products Originating in the United Kingdom: Here Today, Gone Tomorrow? Privatization and the Injury Caused by Non-Recurring Subsidies
- 9 US – Export Restraints United States – Measures Treating Export Restraints as Subsidies
- 10 Canada - Dairy Canada – Measures Affecting the Importation of Dairy Products and the Exportation of Milk
- 11 US – Section 110(5) Copyright Act USt – Section 110(5) of the US Copyright Act, Recourse to Arbitration under Article 25 of the DSU: Would've or Should've? Impaired Benefits due to Copyright Infringement
- Index
- References
Summary
Introduction
As comprehensively argued elsewhere in this volume, the WTO's anti-dumping provisions reflect political compromises that mask an underlying lack of consensus on the value and purpose of an antidumping regime at the national level. This is an old story that has been long argued in academic and policy circles. What is noteworthy recently is the significant increase in the use of trade remedies, especially by developing economies. As a result, while the post-Uruguay Round period is generally marked by greater economic openness resulting from various forms of trade liberalization, the use of trade remedies is no longer primarily the province of OECD economies. Indeed, the introduction and use of trade remedies is proliferating around the world.
As we discuss in greater detail herein, it is difficult to make economic sense of the core purposes of the anti-dumping provisions, except in the rare instances of true predation. Of course, there are other non-economic efficiency motivations that may help to explain the rule framework – such as protection of domestic producers, a sense of “unfairness,” or the view that this method of helping those hurt by imports is a necessary price or safety valve for nations that are taking steps in the direction of market opening.
The GATT produced a fairly large number of anti-dumping disputes but few of the panel reports were adopted and implemented.
- Type
- Chapter
- Information
- The WTO Case Law of 2001The American Law Institute Reporters' Studies, pp. 115 - 139Publisher: Cambridge University PressPrint publication year: 2004
References
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