Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-dk4vv Total loading time: 0 Render date: 2024-12-25T16:23:30.085Z Has data issue: false hasContentIssue false

2 - Trade Remedies

Published online by Cambridge University Press:  31 August 2023

Catherine Gascoigne
Affiliation:
Macquarie Law School, Macquarie University, Sydney
Get access

Summary

Chapter 2 lays out the causal questions inherent in the legal implementation of safeguard measures, antidumping measures and countervailing duties (collectively, ’trade remedies’). It notes that the legal instruments require that domestic competent authorities engage in a process of determining both causation (i.e., drawing a causal link) and non-attribution (i.e., disaggregating non-causal factors) before implementing trade remedies. The chapter then turns to examine how these causal questions have been interpreted in the jurisprudence. To this end, it notes that a multi-factorial approach over a single-factor approach has been preferred in the jurisprudence. The chapter turns to discuss how domestic competent authorities have sought to conduct causation and non-attribution determinations. The chapter concludes by discussing how the Tripartite Non-attribution/Causal Link Analysis, based on econometric methods, offers an alternative approach to satisfying the legal requirements of determining causation for the purposes of implementing trade remedies.

Type
Chapter
Information
Causation in the Law of the World Trade Organization
An Econometric Approach
, pp. 68 - 124
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Trade Remedies
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.003
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Trade Remedies
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Trade Remedies
  • Catherine Gascoigne, Macquarie Law School, Macquarie University, Sydney
  • Book: Causation in the Law of the World Trade Organization
  • Online publication: 31 August 2023
  • Chapter DOI: https://doi.org/10.1017/9781009052146.003
Available formats
×