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Sykes, Alan O. --- "International trade: trade remedies" [2007] ELECD 93; in Guzman, T. Andrew; Sykes, O. Alan (eds), "Research Handbook in International Economic Law" (Edward Elgar Publishing, 2007)

Book Title: Research Handbook in International Economic Law

Editor(s): Guzman, T. Andrew; Sykes, O. Alan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781843766742

Section: Chapter 2

Section Title: International trade: trade remedies

Author(s): Sykes, Alan O.

Number of pages: 51

Extract:

2. International trade: trade remedies
Alan O. Sykes



The term `trade remedy laws' refers to three types of national laws that impose
import restrictions under specified circumstances. `Safeguard measures' are
temporary trade restrictions, typically tariffs or quotas, which are imposed in
response to import surges that cause or threaten `serious injury' to a compet-
ing industry in an importing nation. `Antidumping duties' are tariffs in addi-
tion to ordinary customs duties that are imposed to counteract certain `unfair'
pricing practices by private firms that cause or threaten to cause `material
injury' to a competing industry in an importing nation. `Countervailing duties'
are tariffs in addition to ordinary customs duties that are imposed to counter-
act certain subsidies bestowed on exporters by their governments, again when
they cause or threaten to cause material injury to a competing industry.
Such measures under national law are permitted, but not required, by WTO
law, subject to the limitations found in WTO treaty text, including GATT
1994 (hereafter GATT), the WTO Agreement on Safeguards (hereafter SA),
the WTO Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade (the Antidumping Agreement, hereafter
ADA), and the WTO Agreement on Subsidies and Countervailing Measures
(hereafter SCMA). These WTO Agreements impose extensive substantive and
procedural restrictions on the use of each type of measure.
This chapter provides an introduction to the law on each trade remedy
measure, and to pertinent economic research and commentary. My emphasis
will be on WTO obligations, to which national ...