Injury and causation in trade remedy law : a study of WTO law and country practices

Author(s)

    • Nedumpara, James J.

Bibliographic Information

Injury and causation in trade remedy law : a study of WTO law and country practices

James J. Nedumpara

Springer, c2016

Available at  / 3 libraries

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Note

Includes bibliographical references (p. 249-255) and index

Description and Table of Contents

Description

This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts. The book demonstrates that terms such as "principal cause," "substantial cause" and "a cause in and of itself" are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.

Table of Contents

Chapter I: Introduction and Research Design.- Chapter II: Historical evolution of injury and causality in trade remedies under GATT/WTO.- Chapter III: Injury and Causality in Trade Remedy Investigations: An Analysis of the WTO Jurisprudence.- Chapter IV: Injury and causality in antidumping investigations: experience of India and other jurisdictions.- Chapter V: Injury and Causality in Safeguards Investigations: Experience of India and other jurisdictions.- Chapter VI: Injury and Causality in Trade Remedies: Developments under the Doha Round.- Chapter VII: General principles of law on causality: Application in the field of trade remedy investigations.- Chapter VIII: findings and conclusions.

by "Nielsen BookData"

Details

  • NCID
    BB22949118
  • ISBN
    • 9789811021961
  • LCCN
    2016947504
  • Country Code
    si
  • Title Language Code
    eng
  • Text Language Code
    eng
  • Place of Publication
    Singapore
  • Pages/Volumes
    xlii, 262 p.
  • Size
    25 cm
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