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2 - Trade Remedies

Published online by Cambridge University Press:  31 August 2023

Catherine Gascoigne
Affiliation:
Macquarie Law School, Macquarie University, Sydney
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Summary

Chapter 2 lays out the causal questions inherent in the legal implementation of safeguard measures, antidumping measures and countervailing duties (collectively, ’trade remedies’). It notes that the legal instruments require that domestic competent authorities engage in a process of determining both causation (i.e., drawing a causal link) and non-attribution (i.e., disaggregating non-causal factors) before implementing trade remedies. The chapter then turns to examine how these causal questions have been interpreted in the jurisprudence. To this end, it notes that a multi-factorial approach over a single-factor approach has been preferred in the jurisprudence. The chapter turns to discuss how domestic competent authorities have sought to conduct causation and non-attribution determinations. The chapter concludes by discussing how the Tripartite Non-attribution/Causal Link Analysis, based on econometric methods, offers an alternative approach to satisfying the legal requirements of determining causation for the purposes of implementing trade remedies.

Type
Chapter
Information
Causation in the Law of the World Trade Organization
An Econometric Approach
, pp. 68 - 124
Publisher: Cambridge University Press
Print publication year: 2023

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  • Trade Remedies
  • 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/10.1017/9781009052146.003
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  • Trade Remedies
  • 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/10.1017/9781009052146.003
Available formats
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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.

  • Trade Remedies
  • 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/10.1017/9781009052146.003
Available formats
×