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A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
A History Of Gatt Unfair Trade Remedy Law--Confusion Of Purposes, John J. Barceló Iii
Cornell Law Faculty Publications
This paper presents an analytical history of anti-dumping and anti-subsidy law in GATT and its member countries. In recent years this body of ‘unfair trade remedy’ law has flourished in the western trading system. Important trading countries have adopted new or expanded anti-dumping and anti-subsidy laws and imposed trade-blocking remedies under them more frequently than ever before. I try to explain in this essay how and why these laws--which I view as protectionist--have prospered and become so rooted in GATT and its member countries.
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 …