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Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.
Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu’S Reform Proposal, Pierce Lee Mr.
Pierce Lee Mr.
Harvard Law Professor Mark Wu, in his 2012 article “Antidumping in Asia’s Emerging Giants,” makes six proposals to reform World Trade Organization (WTO) law on antidumping (AD). One of those proposals is the requirement that all complaints for dumping be accompanied by proof of the underlying unfair trade practice that enables dumping. Wu predicts that this requirement would make it more difficult to use AD abusively so that a country could no longer “punish” foreign producers engaging in price differentiation for strategic purposes. Although Wu may be right about the short-term potential effect of this reform proposal, I do not …