Injury and Causation in Trade Remedy Law, A Study of WTO Law and Country Practices, by James J. Nedumpara
Type
Label
Injury and Causation in Trade Remedy Law, A Study of WTO Law and Country Practices, by James J. Nedumpara
Language
eng
resource.imageBitDepth
0
Literary Form
non fiction
Main title
Injury and Causation in Trade Remedy Law
Medium
electronic resource
Nature of contents
dictionaries
Oclc number
964619955
Responsibility statement
by James J. Nedumpara
Series statement
Springer eBooks.
Sub title
A Study of WTO Law and Country Practices
Summary
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.--, Provided by publisher
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
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