The Slow Train to Reforming Anti-Dumping Measures: Concrete Solutions for the Future

Authors

  • Abdulkadir Yilmazcan

DOI:

https://doi.org/10.14296/ac.v3i3.5441

Abstract

Normative solutions to reform the Anti-Dumping Agreement include a comprehensive amendment of the Agreement. Such a revision has already been suggested in the literature, but this study departs from most others by prioritizing procedural issues rather than substantive ones. The study proposes changes to enhancing procedural justice in anti-dumping processes. Due to the constraints on the substantive reform of the Anti-Dumping Agreement in a short timescale, other possibilities are also discussed in order to improve procedural justice, including: (i) publishing best practice guidelines; (ii) creating a standard questionnaire to be used by all World Trade Organization (WTO) members; (iii) reforming and fixing the WTO dispute settlement mechanism; (iv) raising awareness among exporters that cooperation with investigating authorities may have a significant effect on the anti-dumping measures imposed; (v) improving the accounting systems for Chinese exporters; (vi) introducing a support tool for exporters or exporting countries, such as the Advisory Centre on WTO Law in Geneva; and (vii) providing software to assist exporters to fill in questionnaires.

Keywords: World Trade Organization; Anti-Dumping Agreement; Negotiating Group on Rules; procedural justice.

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Published

2022-06-17

Issue

Section

Articles