Book contents
- Causation in the Law of the World Trade Organization
- Cambridge International Trade and Economic Law
- Causation in the Law of the World Trade Organization
- Copyright page
- Dedication
- Contents
- Figures
- Acknowledgements
- Table of Cases
- Table of Legal Instruments
- Abbreviations
- Introduction
- 1 Causal Theory
- 2 Trade Remedies
- 3 Serious Prejudice
- 4 Regulating for Non-trade Purposes
- 5 Retaliatory Measures
- Conclusion
- Bibliography
- Index
2 - Trade Remedies
Published online by Cambridge University Press: 31 August 2023
- Causation in the Law of the World Trade Organization
- Cambridge International Trade and Economic Law
- Causation in the Law of the World Trade Organization
- Copyright page
- Dedication
- Contents
- Figures
- Acknowledgements
- Table of Cases
- Table of Legal Instruments
- Abbreviations
- Introduction
- 1 Causal Theory
- 2 Trade Remedies
- 3 Serious Prejudice
- 4 Regulating for Non-trade Purposes
- 5 Retaliatory Measures
- Conclusion
- Bibliography
- Index
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.
Keywords
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- Causation in the Law of the World Trade OrganizationAn Econometric Approach, pp. 68 - 124Publisher: Cambridge University PressPrint publication year: 2023