Introduction

A great deal of attention has been given in recent years to WTO dispute settlement in respect of contingent trade remedies. Although the majority of the disputes have involved, and much of the interest has focused on, anti-dumping, there have been numerous disputes relating to countervailing and safeguard measures as well. Given the widespread use of contingent trade remedies by numerous WTO Members, the attention given to their treatment in dispute settlement is unlikely to diminish in the near-term.

This chapter starts from the premise that contingent trade remedies are unusual in the WTO system, in that the relevant agreements assign to the Members the responsibility for conducting investigations to determine whether the conditions necessary in order to impose the measures in question are fulfilled. The paper examines the implications of this fact for WTO dispute settlement regarding contingent trade remedies in several contexts: the standard of review applied by panels and the Appellate Body; the factual basis on which dispute settlement is conducted; the treatment of confidential information gathered by Members' investigating authorities; the nature of the claims brought to and of the findings made by the dispute settlement system; and the possible implications in terms of implementation of any recommendations of the Dispute Settlement Body.