Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members

Front Cover
Müslüm Yilmaz
Cambridge University Press, Jan 17, 2013 - Business & Economics - 445 pages
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Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.
 

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Contents

high deference stark reality
11
judicial review a cornerstone of trade remedies
35
quasijudicial review of trade remedy measures
55
a complex court system with the possibility of three
83
the need for enhanced effectiveness
107
a wellstructured but unsuccessful judicial review
129
a sophisticated but underused judicial review
153
system
173
an evolving judicial review system
269
a threetier judicial review system
287
an untested theoretical possibility?
313
increasing attention and new challenges
337
a judicial review system in dire need
361
judicial review with merits review
379
Countries with insufficient judicial review
399
Conclusions
423

a judicial review system in need of change
197
a comparative study of two models
221
a complicated unpredictable long and costly
247

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About the author (2013)

Müslüm Yilmaz works as Counselor in the Rules Division of the WTO. He functions as legal officer to WTO panels handling disputes on trade remedies and Secretary to the WTO Committee on Subsidies and Countervailing Measures. Before joining the WTO in 2001, Mr Yilmaz worked as counsel and investigator at the Turkish Anti-Dumping and Anti-Subsidy Investigating Authority.

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