The Law and Economics of Contingent Protection in the WTO
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The Law and Economics of Contingent Protection in the WTO

  • Elgar International Economic Law series

Petros C. Mavroidis, Patrick A. Messerlin and Jasper M. Wauters

In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors’ choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts, and the case law that has substantially contributed to the understanding of these agreements.
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Chapter 5: Conclusions

Petros C. Mavroidis, Patrick A. Messerlin and Jasper M. Wauters

Extract

4. Section III: procedural obligations – the tasks of the domestic investigating authority The Anti-dumping Agreement is as much about procedures as it is about substance. Procedural discipline and ensuring transparency and due process are currently the most important safeguards against abuse of the anti-dumping regime for protectionist purposes. The Agreement governs the investigatory process and imposes obligations on the investigating authority at various stages of the investigation. The Agreement, in Article 5, provides for a number of obligations dealing with the initiation and termination of an investigation. Article 6 of the Agreement sets forth a number of rules dealing with evidence gathering during the investigation, once initiated. These rules require that the investigating process of information gathering and information sharing is conducted in a transparent manner with respect for all interested parties’ due process rights. The type of measures an authority can impose, as well as their scope and lifespan are regulated by Articles 8 and 9 of the Agreement. All of these rules will be discussed in the present chapter. The obligations referred to above relate to the way the authority conducts the investigation vis-à-vis the interested parties1 participating in the investigation. Article 12 of the Agreement lists a number of very specific obligations incumbent upon an investigating authority in ensuring that the public at large is kept informed at various stages in the investigation, from initiation to the imposition of final measures. These public notice requirements are different from the due process requirements to be complied with...

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