Anti-Dumping in the WTO

Anti-dumping practice is viewed by many economists as a protectionist s choice tool: A non-tariff barrier responsible for distortion of free flow of trade. Since the raison d être of the WTO is to reduce (and if possible eliminate) barriers to free flow of trade, the existence of anti-dumping laws in GATT/WTO alongside trade liberalisation provisions have continued to generate considerable controversy. This work appraises the conceptual foundation of US anti-dumping law and its influence on GATT/WTO anti-dumping practice. It also examines the circumstances surrounding the inclusion of Article 17 in the Anti-dumping Agreement as a special US contribution to WTO anti-dumping practice. Ultimately, this inquiry identifies that the US maintains a crucial position in shaping outcomes in anti-dumping disciplines in the WTO. It makes the case that such role can only be appropriately undertaken by the US itself readjusting its guiding paradigm on anti-dumping practice.

Autorentext

Mr. Mamboleo practices law at Nyamweya Mamboleo & Co Advocates. He is an Advocate of the High Court of Kenya, Commissioner for Oaths, Notary Public, and a co-director at the International Economic Law Centre where he consults on diverse fields of international economic law. He teaches law at the Africa Nazarene University in Kenya.

Klappentext

Anti-dumping practice is viewed by many economists as a protectionist s choice tool: A non-tariff barrier responsible for distortion of free flow of trade. Since the raison d être of the WTO is to reduce (and if possible eliminate) barriers to free flow of trade, the existence of anti-dumping laws in GATT/WTO alongside trade liberalisation provisions have continued to generate considerable controversy. This work appraises the conceptual foundation of US anti-dumping law and its influence on GATT/WTO anti-dumping practice. It also examines the circumstances surrounding the inclusion of Article 17 in the Anti-dumping Agreement as a special US contribution to WTO anti-dumping practice. Ultimately, this inquiry identifies that the US maintains a crucial position in shaping outcomes in anti-dumping disciplines in the WTO. It makes the case that such role can only be appropriately undertaken by the US itself readjusting its guiding paradigm on anti-dumping practice.