Paved with good intentions: the dynamic effects of WTO review of anti-dumping action

Abstract

Virtually every national trade remedy measure challenged in WTO dispute settlement has resulted in at least partial victory for the exporting country. In the anti-dumping area, the special standard of review for national interpretations of Anti-Dumping agreement obligations has had little discernible effect on dispute settlement outcomes. This pattern, while applauded by some as promoting liberal trade values, may actually result in less trade liberalization. If important trading countries like the United States believe that the Appellate Body will undermine provisions intended to preserve their ability to use trade remedies, they may decline to negotiate further disciplines on the use of these remedies or, possibly, to enter multilateral negotiations entirely. Although insufficient information exists to reach definitive conclusions, recent developments suggest that such negative effects are occurring in the Doha Round.