Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

2 results

  • 3 - Serious Prejudice

  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book:
    Causation in the Law of the World Trade Organization
    Published online:
    31 August 2023
    Print publication:
    14 September 2023, pp 125-168

  • 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.

Causation in the Law of the World Trade Organization
  • An Econometric Approach
  • Catherine Gascoigne
  • Published online:
    31 August 2023
    Print publication:
    14 September 2023
  • 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.