Law Commons^™

A Report On Trade Remedies And Rules Of Application, Charles O. Verrill Jr.

Faculty Scholarship

Document presented for discussion at the OECD Directorate for Science Technology & Industry, Steel Committee Meeting, 10-11 December 2009.

The GATT authorizes three trade remedies that can be utilized by members of the WTO to address troublesome imports: antidumping measures and countervailing duties, which are authorized by Article VI, and safeguards which are authorized by Article XIX. Detailed roadmaps for the application of these measures were adopted in the Uruguay Round implementing agreements that each WTO member is required to observe in applying trade measures against imports from other WTO member countries.

This Report summarizes the rules governing application of …

Substance, Procedure, And Institutions In The International Harmonization Of Competition Policy, Daniel A. Crane

Articles

Many people who pay attention to the rapid development of antitrust regimes across the globe hold two tenets in common. First, most of the relevant stakeholders would benefit if competition policy could be harmonized interjurisdictionally.' Second, and alas, this beneficial harmonization is unlikely to happen on a significant scale in the foreseeable future.2 To many, antitrust harmonization is thus a noble but utopian aspiration. I generally share both the former sentiment and the latter lament but both are far too general to be of much use without further specification. Uniformity of competition policy is valuable to be sure, but not …

Shadow Unilateralism: Enforcing International Trade Law At The Wto, Rachel Brewster

Faculty Scholarship

This short essay briefly traces the evolution of trade law enforcement from the the GATT to the WTO regime. The WTO's Dispute Settlement Understanding (DSU) is widely viewed as a major innovation from the GATT regime in that it subordinates unilateral enforcement of trade law to a rule-based system of multilateral enforcement. I recognize the successes of the WTO regime but the institution effective permits (if not encourages) the unilateral enforcement of trade law outside of the DSU framework Specifically, I examine how the DSU system only provides a prospective remedy - that is, the DSU permits retaliation only for …