Injury and Causation in Trade Remedy Law PDF Download
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Author: James J. Nedumpara
Publisher: Springer
ISBN: 981102197X
Category : Law
Languages : en
Pages : 262
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Book Description
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: James J. Nedumpara
Publisher: Springer
ISBN: 981102197X
Category : Law
Languages : en
Pages : 262
Get Book
Book Description
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
ISBN: 1316511308
Category : Law
Languages : en
Pages : 297
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Book Description
Proposes an alternative methodology for determining causation in WTO law by drawing on causal philosophy and econometric analysis.
Author: Gregory Wells Bowman
Publisher: Kluwer Law International B.V.
ISBN: 9041128409
Category : Law
Languages : en
Pages : 746
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Book Description
and political underpinnings." --Book Jacket.
Author: Pieter Van Vaerenbergh
Publisher: Springer Nature
ISBN: 3031381726
Category : Law
Languages : en
Pages : 233
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Book Description
This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.
Author: Leïla Choukroune
Publisher: Cambridge University Press
ISBN: 1108423884
Category : Law
Languages : en
Pages : 847
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Book Description
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:
ISBN:
Category :
Languages : en
Pages : 556
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Book Description
Author: Thomas Weishing Huang
Publisher: Kluwer Law International B.V.
ISBN: 904112148X
Category : Law
Languages : en
Pages : 342
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Book Description
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: Roberto Soprano
Publisher: Routledge
ISBN: 1351747673
Category : Law
Languages : en
Pages : 162
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Book Description
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: United States Tariff Commission
Publisher:
ISBN:
Category : Cotton trade
Languages : en
Pages : 72
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Book Description
Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
ISBN: 9041139346
Category : Law
Languages : en
Pages : 1400
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Book Description
European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors cover every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if 'Union interest’ calls for intervention; differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping measures; rules for the determination of permissible adjustments; rules governing the standing of various interested parties before the European Courts; rules and procedure applicable to non-market economy countries; special rules on products originating in a developing country; allocation and administration of quantitative quotas; surveillance measures; and whether and to what extent safeguard measures are subject to judicial review. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.
