Skip to main content Accessibility help
×
Hostname: page-component-8448b6f56d-dnltx Total loading time: 0 Render date: 2024-04-24T02:17:12.852Z Has data issue: false hasContentIssue false

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Anti-Dumping Agreement)

from Volume 1

Published online by Cambridge University Press:  04 August 2017

Get access

Summary

GENERAL

OBJECT AND PURPOSE OF THE ANTI-DUMPING AGREEMENT

1. In US – 1916 Act (Japan), the Panel stated that:

“[The preambles of the WTO Agreement and the GATT do not provide precise directives. We note however that both preambles refer to the ‘substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations’. We also note that the WTO preamble refers to the development of a ‘more viable and durable multilateral trading system’. We consider that the approach of the United States which would allow Members to take any type of measure against dumping as such outside the framework of Article VI, as long as they are not incompatible with other provisions of the WTO Agreement, does not seem to be commensurate with the objectives highlighted above.”

2. The Panel in US – Corrosion-Resistant Steel Sunset Review noted that “[t]he Anti-dumping Agreement itself does not contain provisions which specify its object and purpose”.

3. In US – Softwood Lumber V (Article 21.5 – Canada), the Appellate Body considered it unnecessary to engage in an analysis of the object and purpose of the Anti-Dumping Agreement for the purposes of resolving the issue before it:

“We turn to examine what guidance is provided by the object and purpose of the Anti-Dumping Agreement for the interpretation of Article 2.4.2. The Anti-Dumping Agreement does not contain a preamble or an explicit indication of its object and purpose. Neither participant referred to the object and purpose in its written submission. ...

Type
Chapter
Information
WTO Analytical Index
Guide to WTO Law and Practice
, pp. 697 - 935
Publisher: Cambridge University Press
Print publication year: 2012

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

The Concise Oxford Dictionary of Current English Clarendon Press 1995 1021
Black’s Law Dictionary West Group 1999 1271
(footnote original) The New Shorter Oxford English Dictionary Brown, Lesley Clarendon Press 1993 506

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×