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East Asian countries have become much more active in utilizing the WTO dispute settlement system to assert their legal rights. The dispute settlement experience so far for these countries has shown strong tendency of domestic governments to defend economic interest of major industries. Their...
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In this paper, we trace the jurisprudential history of the applicability of US countervailing duty (CVD) law to non-market economies (NMEs). We describe how, since the United States reversed its long standing policy of not imposing CVDs on NMEs, concurrent application of antidumping (AD) and...
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The Appellate Body’s ruling in United States – Definitive Anti-Dumping and Countervailing Duties, filled another important gap in the porous textual languages of the WTO Agreements, rectifying dangerously abusive trade remedy practices in the WTO system. This laudable effort, however, raises...
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The post MC-9 WTO system needs to live with a mega FTA system. This situation raises several unprecedented issues for the multilateral trading system. When mega FTAs such as the TPP, EU-Japan FTA, TTIP, CJK FTA and TISA are concluded, market access negotiation under the Doha Round and the WTO...
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How might the US take action through the WTO over China's alleged currency manipulation? This paper analyses three potential legal issues: legality of exchange-rate policy under the GATT rules, legality under the subsidy rules and feasibility of non-violation complaints. It concludes that any...
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The Bretton Woods system, originally perceived as a trinity of institutions — the IMF, International Bank for Reconstruction and Development, and International Trade Organization — could barely survive the demise of the ITO, even with the resulting expansion of the General Agreement on...
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