Commentaries

  • Is it appropriate that the WTO permit states to impose anti-dumping measures?

    These three kinds of measures are regulated by the Anti-dumping Agreement. According to the WTO provisions, dumping is not forbidden, but the WTO members have a right to take measures to protect their domestic industry from the harmful effects of dumping. While the countries of the world want trade enhancement at the global level, why do they apply anti-dumping measures, and is the approach of the WTO to this issu e appropriate?

  • Paving the way for unfair competition: the imposition of EU anti-dumping duties on ceramic tiles from China

    The report identifies concerns with the EU anti-dumping instrument, as applied today, regardless of the fact that the investigation procedures and methods might be in line with the current regulation and practice. The report’s arguments are based on the recent anti-dumping investigation – and imposition of anti-dumping measures – on imports of ceramic tiles from China, but the observations and conclusions from the analysis are valid for most EU anti-dumping investigations. The report observes that price dumping is evaluated differently depending on whether the product is manufactured in the EU or imported from third countries.

  • Summarizing WTO appellate body decision on U.S. flavored tobacco ban

    On September 2, 2011, a panel report ruling against the U.S. ban on flavored cigarettes (which are often used to hook teenagers) was circulated to World Trade Organization (WTO) members after Indonesia successfully challenged the measure. In nearly 200 rulings over 16 years, this was the first time that the WTO ever found a violation under this article, which has long been of concern to consumer advocates.

  • The WTO tuna-dolphin ii case: United States — measures concerning the importation, marketing and sale of tuna and tuna products

    The case United States — Measures Concerning the Importation and Marketing and Sale of Tuna and Tuna Products concerns whether United States “dolphin-safe” labeling requirements comply with the Agreement on Technical Barriers to Trade (TBT Agreement) of the World Trade Organization (WTO). This paper analyzes the WTO Appellate Body decision and its systemic importance for the interpretation of the TBT Agreement’s substantive obligations; the types of labeling that fall within the scope of the Agreement; the legitimacy of labeling based on foreign process and production methods (PPMs); and the relation of other international law to WTO law.

  • Public and Private Participation in Agricultural Negotiations: The Experience of Venezuela

    The significant changes experienced by Venezuela in recent years have had an important impact on the structure and the position it has adopted in trade negotiations, especially in agricultural negotiations. These changes can be classified in three major areas: political, constitutional and institutional.