Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-t7fkt Total loading time: 0 Render date: 2024-11-22T02:27:46.286Z Has data issue: false hasContentIssue false

3 - Serious Prejudice

Published online by Cambridge University Press:  31 August 2023

Catherine Gascoigne
Affiliation:
Macquarie Law School, Macquarie University, Sydney
Get access

Summary

Chapter 3 sets out the laws that specifically apply to Serious Prejudice under the Subsidies and Countervailing Measures Agreement (Articles 5 and 6.3 of the SCM Agreement). The chapter considers the nature of the market phenomena in relation to a finding of serious prejudice before turning to discuss how the legal requirements concerning causation have been interpreted in the jurisprudence. Specifically, the chapter demonstrates how some interpretations in the jurisprudence reflect a flawed conception of causation. Chapter 3 then turns, finally, to consider how the legal requirements might better be interpreted to reflect a more coherent approach to causation by using the Tripartite Non-attribution/Causal Link Approach. It then sets out how the Tripartite Non-attribution/Causal Link Approach could be applied in practice to make causal determinations for the purposes of Serious Prejudice claims.

Type
Chapter
Information
Causation in the Law of the World Trade Organization
An Econometric Approach
, pp. 125 - 168
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Serious Prejudice
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Serious Prejudice
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Serious Prejudice
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.004
Available formats
×