Commercial Reparation Approaches in WTO Documents and Practice with emphasis on Safeguard and Anti-Dumping Measures

Document Type : Original Article

Authors

1 Assistant Professor of Law, Payame-Noor University

2 Ph.D. Candidate of International Law, Islamic Azad University, Dubai Branch

3 Ph.D. in International Law, Shahid Beheshti University

10.22034/jlr.2022.184131.1451

Abstract

For the first time, after World War II, General Agreement on Tariffs and Trade (GATT) made effort to pursue free trade between members in the form of tariff reduction. Besides, it was tried to counter trade destructive approaches like subsidies, dumping and overt tariffs and find solution for them. In 1994, World Trade Organization was established in the UN framework as the most inclusive organization in international trade field and replaced GATT. The organization targeting expansion of world trade on the basis of work division system, has based several principles among which mention can be made to guarantee of fairness in free trade between members. WTO has followed GATT attitude toward free trade and fairness in free trade. Assuming the necessity of supporting members by the organization, fairness in free trade relations and prevention of malicious competitions, the present paper has tried to explore available approaches in the organization’s documents and its dispute settlement body practice for reparation of damages which members incur in unfair competitions and concludes that WTO regulations and practice could succeed to make a good balance between import and safeguard measures, between dumping and anti-dumping measures, and between subsidies and countervailing measures

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History

  • Receive Date: 23 September 2019
  • Revise Date: 26 June 2022
  • Accept Date: 28 June 2022

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