Should Trade Remedies be Eliminated from WTO: A Response to Tania Voon

Utkarsh K Mishra,Abhishek Negi

doi:10.53955/jhcls.v1i3.17

Abstract

This work is a reflection of a critical viewpoint on the academic work of Tania Voon. She argues on the elimination of trade remedies from the multilateral trading system of the World Trade Organization on the basis of various considerations, including on the basis of some lessons from Regional Trade Agreements. The article makes no attempt to strike a balance between consumer and domestic industry interests. Additionally, it must be recognized that eliminating a structural protection mechanism is not always the best course of action because, in a global market such as that of trade, there are numerous players with disparate interests. If trade remedies are eliminated, a void will exist in which there will be nothing to regulate short-term issues, which will also affect the WTO's long-term objectives.

Highlights

Tania Voon is a Professor at Melbourne Law School, The University of Melbourne
There is abundant literature which talks about the success of Regional Trade Agreements (RTAs) as a model with modified/eliminated trade remedies regime as opposed to that under World Trade Organization (WTO).3
A recent report by the Swedish government agency in 2013 by its Trade policy advisers4 emphasizes that 75% of the present RTAs include provisions on Competition discipline and looking at the operation and regulatory outcome of such harmonized competition structures like that in the European Union, it may be possible to replace anti-dumping measures with competition law disciplines which would provide a uniform model for regulating competition while at the same time ensuring freer trade prospects within the integrated arrangement

Summary

Introduction

Tania Voon is a Professor at Melbourne Law School, The University of Melbourne. She is a former Legal Officer of the Appellate Body Secretariat of the World Trade Organization (WTO) and has previously practiced law with Mallesons Stephen Jaques and the Australian Government Solicitor. The article outlines the problems and loopholes in the present Trade Remedies’ regime under WTO and proposes that trade remedies be eliminated for better welfare.

Results

Conclusion