Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών Συναλλαγών
Library of the School of Law

2018-06-03

2018

Gkika Myrto

Δρ. Αναστάσιος Γουργουρίνης, Λέκτορας, Νομική Σχολή, ΕΚΠΑ

Trade Remedies and the MFN rule- the case of Safeguards and Anti-dumping: is there hope of reconciliation?

English

Trade Remedies and the MFN rule- the case of Safeguards and Anti-dumping: is there hope of reconciliation?

Much has been written on the MFN rule in the WTO, but its relationship with trade remedies has always been somewhat of a riddle. This paper traces the intricacies of the interplay between the MFN rule and two trade remedies: safeguard measures and anti-dumping measures, focusing on the tension but also, and perhaps more importantly, the convergence between them. For a long time, it was believed that trade remedies were an exception to the MFN rule (art. I:1 GATT). In the case of safeguards, the application of the MFN rule was eventually enshrined in the black letter of the text of the Safeguards Agreement (SA); in the case of anti-dumping, there is no clear MFN provision. A review of recent case law suggests that states are more than willing to bring claims for a violation of the non-discrimination rule regarding trade remedies than has previously been the case, with more likely to follow.

Law and Legislation

Private international law

World Trade Organisation, safeguard measures, antidumping measures, General Agreement on Tariffs and Trade 1994, Most Favoured Nation rule

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0

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70

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https://pergamos.lib.uoa.gr/uoa/dl/object/2766586