Antidumping and Cotton Subsidies: A Market-Based Defense of Unfair Trade Remedies

59 Pages Posted: 4 Nov 2015

Date Written: January 1, 2008

Abstract

Part II of this article begins with an explanation of GATT's basic operating principles, what effect the operation of those principles has had on the global trade of goods, and introduces the policies underlying the three trade remedies. Part III outlines the legal requirements of the WTO trade remedies (antidumping, countervailing duties, and safeguards), as well as the WTO Dispute Resolution process and its impact on trade remedy disputes. Part IV provides a history of how the three trade remedies developed, including their implementation in the United States. Part V gives a numerical analysis of the past decade of antidumping, countervailing duties, and safeguards actions as reported to the WTO. Part VI discusses some of the criticism that has been leveled at trade remedies, particularly antidumping. Finally, Part VII provides a contextual defense of unfair trade remedies, concluding that while they have little or nothing to do with unfair trade, their use as a limited political 'escape hatch' against a background norm of freer trade has ultimately resulted in freer global trade, and that limitation should be extended to include stronger limitations on agricultural subsidies.

Keywords: WTO, trade law, agriculture, remedies

Suggested Citation

Nedzel, Nadia Elizabeth, Antidumping and Cotton Subsidies: A Market-Based Defense of Unfair Trade Remedies (January 1, 2008). Northwestern Journal of International Law & Business, Vol. 28, No. 215, 2008, Available at SSRN: https://ssrn.com/abstract=2685371

Nadia Elizabeth Nedzel (Contact Author)

Southern University Law Center ( email )

P.O. Box 9294
Baton Rouge, LA 70813
United States

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