Book contents
- Frontmatter
- Contents
- Foreword
- Volume 1
- Introduction
- Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement)
- General Agreement on Tariffs and Trade 1994
- Agreement on Agriculture
- Agreement on Sanitary and Phytosanitary Measures (SPS Agreement)
- Agreement on Textiles and Clothing
- Agreement on Technical Barriers to Trade
- Agreement on Trade-Related Investment Measures
- Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement)
- Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (Customs Valuation Agreement)
- Agreement on Preshipment Inspection
- Agreement on Rules of Origin
- Agreement on Import Licensing Procedures
- Volume 2
- Index by Subject
- Index by Case
- References
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement)
from Volume 1
Published online by Cambridge University Press: 04 August 2017
- Frontmatter
- Contents
- Foreword
- Volume 1
- Introduction
- Marrakesh Agreement Establishing the World Trade Organization (WTO Agreement)
- General Agreement on Tariffs and Trade 1994
- Agreement on Agriculture
- Agreement on Sanitary and Phytosanitary Measures (SPS Agreement)
- Agreement on Textiles and Clothing
- Agreement on Technical Barriers to Trade
- Agreement on Trade-Related Investment Measures
- Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement)
- Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (Customs Valuation Agreement)
- Agreement on Preshipment Inspection
- Agreement on Rules of Origin
- Agreement on Import Licensing Procedures
- Volume 2
- Index by Subject
- Index by Case
- References
Summary
GENERAL
OBJECT AND PURPOSE OF THE ANTI-DUMPING AGREEMENT
1. In US – 1916 Act (Japan), the Panel stated that:
“[The preambles of the WTO Agreement and the GATT do not provide precise directives. We note however that both preambles refer to the ‘substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations’. We also note that the WTO preamble refers to the development of a ‘more viable and durable multilateral trading system’. We consider that the approach of the United States which would allow Members to take any type of measure against dumping as such outside the framework of Article VI, as long as they are not incompatible with other provisions of the WTO Agreement, does not seem to be commensurate with the objectives highlighted above.”
2. The Panel in US – Corrosion-Resistant Steel Sunset Review noted that “[t]he Anti-dumping Agreement itself does not contain provisions which specify its object and purpose”.
3. In US – Softwood Lumber V (Article 21.5 – Canada), the Appellate Body considered it unnecessary to engage in an analysis of the object and purpose of the Anti-Dumping Agreement for the purposes of resolving the issue before it:
“We turn to examine what guidance is provided by the object and purpose of the Anti-Dumping Agreement for the interpretation of Article 2.4.2. The Anti-Dumping Agreement does not contain a preamble or an explicit indication of its object and purpose. Neither participant referred to the object and purpose in its written submission. ...
…
- Type
- Chapter
- Information
- WTO Analytical IndexGuide to WTO Law and Practice, pp. 697 - 935Publisher: Cambridge University PressPrint publication year: 2012
References
- 6
- Cited by