Domestic Judicial Review of Trade Remedies: Experiences of the Most Active WTO Members
Cambridge University Press, Jan 17, 2013 - Business & Economics - 445 pages
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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high deference stark reality
judicial review a cornerstone of trade remedies
quasijudicial review of trade remedy measures
a complex court system with the possibility of three
the need for enhanced effectiveness
a wellstructured but unsuccessful judicial review
a sophisticated but underused judicial review
an evolving judicial review system
a threetier judicial review system
an untested theoretical possibility?
increasing attention and new challenges
a judicial review system in dire need
judicial review with merits review
Countries with insufﬁcient judicial review
Other editions - View all
action for annulment AD/CVD administrative act administrative action Administrative Court administrative review agency amended Andean Community anti anti-dumping and countervailing anti-dumping duties anti-dumping investigations application Argentina Article CESTAT challenged CITT Colombia Commission Commissioner complainant conducted Constitution Corus Group Council countervailing duty investigations Court of Appeal Customs Decree deﬁnitive domestic industry effect exporters Federal Court ﬁle ﬁled ﬁling ﬁnal decision ﬁnal determination ﬁndings ﬁrst ﬁve foreign GATT hereinafter High Court Ibid implementation imports impose imposition initiated interested parties International Trade investigating authority investigating authority’s issue judges judicial review proceedings judicial review system jurisdiction Korea legislation Minister Ministry MOFCOM NAFTA panels notiﬁcation ofﬁcial privative clause procedural producers provides regulations relevant remand request review of trade rules safeguard investigations safeguard measures SCM Agreement speciﬁc standard of review statutory Supreme Court Tariff trade remedy determinations trade remedy investigations trade remedy measures Tribunal World Trade Organization WTO agreements