2013•RePEc: Research Papers in EconomicsOpen access

World Trade Organization and International Trade Law: Antidumping, Subsidies and Trade Agreements

Gary Horlick

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Abstract

This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts. Contents: Antidumping: How Did Antidumping Get so Bad?: The World Trade Organization Antidumping Agreement How the GATT Became Protectionist ¡ª An Analysis of the Uruguay Round Draft Final Antidumping Code Standards for Panels Reviewing Anti-dumping Determinations under the GATT and WTO A Personal History of Zeroing Smoot-Hawley in Slow Motion Alternatives to National Antidumping and Countervailing Duty Laws: Are They Feasible or Appropriate in the Context of NAFTA? Nonmarket Economy Trade and U.S. Antidumping/Countervailing Duty Laws Antidumping Policy as a System of Law Antidumping and Countervailing Duty Law Provisions of the Omnibus Trade and Competitiveness Act of 1988 Subsidies: A Future of Subsidies Discipline: The 1994 WTO Subsidies Agreement The Agreement on Subsidies and Countervailing Measures Government Actions against Domestic Subsidies, an Analysis of the International Rules and an Introduction to United States' Practice Subsidies Discipline Under WTO and US Rules United States: Court of Appeals for the Federal Circuit Opinion in PPG Industries, Inc. v. United States (U.S. Countervailing Duty Law) WTO Subsidies Discipline During and After the Crisis Other Trade Issues: WTO Dispute Settlement from the Perspective of Developing Countries Problems with the Compliance Structure of the WTO Dispute Resolution Process The Compliance Problems of the WTO Political Questions in International Trade: Judicial Review of Section 301? Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free-Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body's Turkey ¡ª Textiles Ruling NAFTA Chapter 11B: A Private Right of Action to Enforce Market Access through Investments Sovereignty, Trade and the Environment ¡ª A U.S. Perspective The World Trading System at the Crossroad of Science and Politics Climate Change Legislation in the United States and the WTO Nonconclusions Trade War or Growing Pains? China and the Future of Trade Law Readership: Professionals, researchers and graduate students in the field of international economics, especially those interested in antidumping, countervailing duty, WTO cases and international trade law. Key Features: Articles by leading international trade lawyer and academic, Gary N Horlick In-depth treatments of selected trade topics where the author was a key player, capturing his extensive experiences in trade negotiations and disputes in WTO GATT, NAFTA, Mercosur, covering the domestic systems of more than 20 countries

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This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts. Contents: Antidumping: How Did Antidumping Get so Bad?: The World Trade Organization Antidumping Agreement How the GATT Became Protectionist ¡ª An Analysis of the Uruguay Round Draft Final Antidumping Code Standards for Panels Reviewing Anti-dumping Determinations under the GATT and WTO A Personal History of Zeroing Smoot-Hawley in Slow Motion Alternatives to National Antidumping and Countervailing Duty Laws: Are They Feasible or Appropriate in the Context of NAFTA? Nonmarket Economy Trade and U.S. Antidumping/Countervailing Duty Laws Antidumping Policy as a System of Law Antidumping and Countervailing Duty Law Provisions of the Omnibus Trade and Competitiveness Act of 1988 Subsidies: A Future of Subsidies Discipline: The 1994 WTO Subsidies Agreement The Agreement on Subsidies and Countervailing Measures Government Actions against Domestic Subsidies, an Analysis of the International Rules and an Introduction to United States' Practice Subsidies Discipline Under WTO and US Rules United States: Court of Appeals for the Federal Circuit Opinion in PPG Industries, Inc. v. United States (U.S. Countervailing Duty Law) WTO Subsidies Discipline During and After the Crisis Other Trade Issues: WTO Dispute Settlement from the Perspective of Developing Countries Problems with the Compliance Structure of the WTO Dispute Resolution Process The Compliance Problems of the WTO Political Questions in International Trade: Judicial Review of Section 301? Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free-Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body's Turkey ¡ª Textiles Ruling NAFTA Chapter 11B: A Private Right of Action to Enforce Market Access through Investments Sovereignty, Trade and the Environment ¡ª A U.S. Perspective The World Trading System at the Crossroad of Science and Politics Climate Change Legislation in the United States and the WTO Nonconclusions Trade War or Growing Pains? China and the Future of Trade Law Readership: Professionals, researchers and graduate students in the field of international economics, especially those interested in antidumping, countervailing duty, WTO cases and international trade law. Key Features: Articles by leading international trade lawyer and academic, Gary N Horlick In-depth treatments of selected trade topics where the author was a key player, capturing his extensive experiences in trade negotiations and disputes in WTO GATT, NAFTA, Mercosur, covering the domestic systems of more than 20 countries

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This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts. Contents: Antidumping: How Did Antidumping Get so Bad?: The World Trade Organization Antidumping Agreement How the GATT Became Protectionist ¡ª An Analysis of the Uruguay Round Draft Final Antidumping Code Standards for Panels Reviewing Anti-dumping Determinations under the GATT and WTO A Personal History of Zeroing Smoot-Hawley in Slow Motion Alternatives to National Antidumping and Countervailing Duty Laws: Are They Feasible or Appropriate in the Context of NAFTA? Nonmarket Economy Trade and U.S. Antidumping/Countervailing Duty Laws Antidumping Policy as a System of Law Antidumping and Countervailing Duty Law Provisions of the Omnibus Trade and Competitiveness Act of 1988 Subsidies: A Future of Subsidies Discipline: The 1994 WTO Subsidies Agreement The Agreement on Subsidies and Countervailing Measures Government Actions against Domestic Subsidies, an Analysis of the International Rules and an Introduction to United States' Practice Subsidies Discipline Under WTO and US Rules United States: Court of Appeals for the Federal Circuit Opinion in PPG Industries, Inc. v. United States (U.S. Countervailing Duty Law) WTO Subsidies Discipline During and After the Crisis Other Trade Issues: WTO Dispute Settlement from the Perspective of Developing Countries Problems with the Compliance Structure of the WTO Dispute Resolution Process The Compliance Problems of the WTO Political Questions in International Trade: Judicial Review of Section 301? Mandatory Abolition of Anti-dumping, Countervailing Duties and Safeguards in Customs Unions and Free-Trade Areas Constituted between WTO Members: Revisiting a Long-standing Discussion in Light of the Appellate Body's Turkey ¡ª Textiles Ruling NAFTA Chapter 11B: A Private Right of Action to Enforce Market Access through Investments Sovereignty, Trade and the Environment ¡ª A U.S. Perspective The World Trading System at the Crossroad of Science and Politics Climate Change Legislation in the United States and the WTO Nonconclusions Trade War or Growing Pains? China and the Future of Trade Law Readership: Professionals, researchers and graduate students in the field of international economics, especially those interested in antidumping, countervailing duty, WTO cases and international trade law. Key Features: Articles by leading international trade lawyer and academic, Gary N Horlick In-depth treatments of selected trade topics where the author was a key player, capturing his extensive experiences in trade negotiations and disputes in WTO GATT, NAFTA, Mercosur, covering the domestic systems of more than 20 countries

Key concepts: Subsidy, Dumping, International trade, International trade law, Protectionism, Duty, Market access, Free trade

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