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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Main Subjects

References

  1. Articles

    1. Bown, Chad P. (2002). Why are Safeguards Under the WTO so Unpopular?. World Trade Review 1(1), 47-62.
    2. Charnovitz, Steve, and Bernard Hoekman. “US-Tyres: Upholding a WTO Accession Contract – Imposing Pain for Little Gain”, World Trade Review (12)2, 2013: 273–296, available at: https://www2.gwu.edu/~iiep/assets/docs/papers/CharnovitzIIEPWP201312.pdf
    3. https://www.bloomberg.com/news/articles/2013-05-29/eu-china-bike-duty-hits-indonesia-malaysia-sri-lanka-tunisia

    5.      Stearns, Jonathan “EU China-Bike Duty Hits Indonesia, Malaysia, Sri Lanka, Tunisia”, May 29, 2013, viewed on 25/06/2022, available at: https://www.bloomberg.com/news/articles/2013-05-29/eu-china-bike-duty-hits-indonesia-malaysia-sri-lanka-tunisia

    1. Sykes, Alan O. “The Safeguards Mess: A Critique of Appellate Body Jurisprudence,” World Trade Review 2, 2003: 261-295.

    Sykes, Alan O. “The Persistent Puzzles of Safeguards: Lessons from the Steel Dispute,” Journal of International Economic Law 7, 2004: 523-564. Books

    1. Yazdani, Gulrez. (Oct 2012). “Emergency Safeguard; WTO and the feasibility of Emergency Safeguard Measures under the General Agreement on Trade in Services.” PhD diss., London School of Economics and Political Science, 2012, available at: http://etheses.lse.ac.uk/573/1/Yazdani_Emergency_safeguard_2012.pdf .

    WTO Agreements and Reports

    8.        Anti-dumping, subsidies, safeguards: contingencies, etc., available at: https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm8_e.htm

    1. Agreement Establishing the World Trade Organization
    2. Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-dumping Agreement)
    3. Agreement on Subsidies and Countervailing Measures
    4. Agreement on Safeguards
    5. General Agreement on Tariffs and Trade (GATT 1947)
    6. General Agreement on Tariffs and Trade ( GATT 1994)
    7. General Agreement on Trade in Services (GATS)

    همگی برگرفته از:

    1. https://www.wto.org/english/docs_e/legal_e/final_e.htm
    2. Technical Information on Safeguard Measures, available at: https://www.wto.org/english/tratop_e/safeg_e/safeg_info_e.htm

    WTO cases

    1. Korea- Definitive Safeguard Measures on Imports of Certain Dairy Products. WT/DS98/AB/R (1999) (European Communities-Korea), available at: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds98_e.htmQ
    2. Argentina — Safeguard Measures on Imports of Footwear. available at: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds121_e (1999)
    3. DS 138. United States – Imposition of Countervailing Duties on 
      Certain Hot-rolled Lead and Bismuth Carbon Steel 
      Products Originating in the United Kingdom. WT/DS138/AB/R, 10 May 2000, available at:https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009DP.aspx?language=E&CatalogueIdList=854&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
    4. United States — Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities.

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History

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

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