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Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford
Reflections On Us - Zeroing: A Study In Judicial Overreaching By The Wto Appellate Body, Roger P. Alford
Journal Articles
This essay is about the application of procedural approaches in the US-Zeroing case that serve to highlight potential problems with Appellate Body decision-making. Those problems go to central issues of judicial restraint, including concerns surrounding standards of review, appellate fact-finding, and notions of justiciability and ripeness. This essay will begin with an analysis of US-Zeroing's approach in applying the specialized standard of review under the Antidumping Agreement, arguing that it fails to adhere to the obligation of deference to permissible Member State interpretations of WTO antidumping obligations. It then examines the fact-finding procedures applied by the Appellate Body, which raise …
Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford
Why A Private Right Of Action Against Dumping Would Violate Gatt, Roger P. Alford
Journal Articles
Despite its other successes, the General Agreement on Tariffs and Trade (GATT) has been criticized as being anything but successful in the antidumping arena. In particular, industries in the United States argue that GATT has failed to control dumping effectively and that alternative forms of relief are needed to counteract this unfair trade practice. The root of their concerns is the prospective nature of the existing remedy. Since antidumping duties are assessed only after a violation has been detected, dumping is essentially a risk-free, no-lose proposition, giving foreign exporters a free "first bite at the apple." The absence of monetary …