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Article
Normative Obsolescence of the WTO Anti-Dumping Agreement—Topography of the Global Use and Misuse of Initiations and Measures
Asian Journal of International Law (2016)
  • Julien Chaisse
  • Debashis Chakraborty
Abstract
The Anti-Dumping (AD) mechanism is susceptible to potential misuse for protectionist purposes, and the current explosion of AD disputes indicate a massive problem in the way international trade rules are implemented. The current World Trade Organisation (WTO) negotiations have identified areas within the Anti-Dumping Agreement (ADA) for possible reform; accordingly, the present analysis discusses these areas of concern relating to the AD provision. First, recent trends in AD practice will be analyzed both quantitatively and qualitatively to show the growing role of Asian economies. In particular, the traditional targets of AD activism, China and India, have initiated a number of AD investigations over the last decade, while imposing final measures on several occasions. Second, the ADA will be examined alongside a discussion of the potential risks of misinterpretation. Third, the paper will analyze all the complaints lodged at the WTO Dispute Settlement Body (DSB) on ADA to date.
Keywords
  • WTO,
  • Anti-Dumping,
  • ADA,
  • China,
  • India,
  • Dispute Settlement Body
Publication Date
Summer June 13, 2016
DOI
10.1017/S2044251315000028
Citation Information
Julien CHAISSE and Debashis CHAKRABORTY (2016). Normative Obsolescence of the WTO Anti-Dumping Agreement—Topography of the Global Use and Misuse of Initiations and Measures. Asian Journal of International Law, 6, pp 233-263 doi:10.1017/S2044251315000028