The Relationship between the MFN Principle and Anti-Dumping Norms of the WTO Law Revisited

Abstract

The panel in EU - Footwear recently opined that anti-dumping measures fall within the scope of the MFN obligation thus resuscitating the debate around the relationship between GATT Articles I:1 and VI. The panel's conclusions may potentially encourage more extensive invocation of GATT Article I:1 by complainants challenging anti-dumping measures in the World Trade Organization (WTO) dispute settlement system and have been used by one author to suggest ways to curtail anti-dumping activity of WTO Member States. This article seeks to disentangle the confusion that has arisen around this topic. It seeks to show that WTO anti-dumping norms cannot fall within the purview of the MFN obligation, while the Appellate Body, which appears to be of the same view, would have overruled the panels' reasoning if it had been to consider it on its merits.