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The introduction sets out the different types of causal relationships that the law of the World Trade Organization (WTO) raises. It also defines both causation and non-attribution in the law of the WTO and discusses the fact that both are required in this legal context. The introduction foreshadows the contents of each of the five substantive chapters that follow. It explains the concept of the Tripartite Non-attribution/Causal Link Approach and discusses the advantages and disadvantages of taking an econometric approach to analysing causation. The introduction also explicates those causal questions in WTO law that fall outside the scope of the book as it explains why they do not fit with the concept of the Tripartite Non-attribution/Causal Link Approach. The introduction also explores some of the limitations of the book as well as containing a brief discussion of the sources and methodology of the book.
Causation in the Law of the World Trade Organization: An Econometric Approach is for both scholars and practitioners of WTO law with an interest in the causal questions that WTO law raises. Assuming no prior knowledge of causal philosophy or statistical analysis, Dr Gascoigne discusses the problems in the current approach to causation in the WTO jurisprudence and proposes an alternative methodology that draws on causal philosophy and econometric analysis. The book demonstrates how this methodology could be harnessed to make causal determinations for the purpose of implementing trade remedies and to make out claims of serious prejudice. It also argues that the methodology could be helpful for assessing the impact of domestic legislation on policy objectives under the General Exceptions and the Technical Barriers to Trade Agreement as well as for calculating the amount of retaliation permissible under the Dispute Settlement Understanding.
Chapter 4 provides a comprehensive overview of the industry-related analysis regarding its definition, the likeness between imported and domestic products, the performance of the industry in the light of the factors listed in Article 4.2(a), and the methods usually followed to establish causation between increased imports and serious injury to the industry, including the coincidence in time analysis, the analysis of conditions of competition and the non-attribution analysis.
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