Анализ антидемпинговых прецедентов ВТО и ГАТТ и определение инновации в новой процедуре разрешения споров в ВТО

Abstract

The article analyzes the practice of the WTO dispute resolution body and cases, which were consideredeven under the GATT for anti-dumping cases. The result of the analysis is systematization and determinationof the general characteristics of the precedents of the above topics, as well as the definition ofinnovation in the new dispute resolution procedure. To put it more clearly, it should be emphasized thatthe procedure for settling trade disputes of the WTO Dispute Resolution Body is not entirely new, but hasbeen in effect since the establishment of the organization, but because of article considers precedentsthat preceded the WTO disputes, there was an objective need to make a comparative analysis betweenthe two procedures on the resolution of trade disputes. The authors distinguish two main innovations,which, in turn, consist of two elements and are mainly expressed in institutional and operational newintroductions. Undoubtedly, such a reform of the procedure has a positive effect and increases the effectivenessof measures, which makes the WTO dispute resolution body a more attractive institution forparties to trade disputes. The features of the anti-dumping precedents are based on the specifics of thedispute resolution procedure, which is subject to the norms of the code, developed taking into accountthe complexities of disputes, the object of which is dumping. Therefore, in determining the generalcharacteristics, the main categories were the stages of the dispute and already in stages, tendencies werederived.Key words: anti-dumping, GATT, WTO, WTO innovations.