6 - Possible Solutions for Protectionist Anti-dumping Procedures

Summary

Chapter 6 explains the need for a revision of the ADA. Current negotiations on the ADA are without positive outcomes. There are several reasons for this lack of progress such as deadlock in the Doha Development Round, the mega trade agreements or unwillingness on the part of top users of anti-dumping measures. Still, alternative solutions are proposed to settle the hidden trade protectionism in anti-dumping problems. Normative solutions include a comprehensive reform of the ADA. The study proposes changes to procedural justice in anti-dumping procedures. Due to the constraints on the substantive reform of the ADA in a short timescale, other possibilities are also discussed in order to improve procedural justice, including but not limited to (1) publishing best practice guidelines; (2) creating a standard questionnaire to be used by all WTO members; (3) reforming and fixing the DSM; (4) raising awareness among exporters. This chapter aims to highlight the current state of the negotiations on the ADA as well as the importance of procedural justice during a possible revision of the ADA and other practical means.