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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Injury and Causation in Trade Remedy Law: A Study of WTO Law and Country Practices


ISBN13: 9789811021961
To be Published: December 2016
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £104.50



This book addresses injury and causation issues in the context of antidumping, countervailing duty (CVD) and safeguard investigations that are covered under the WTO. The book traces the origin and the negotiating history of injury and causation in trade remedy instruments and examines how this requirement evolved in the United States and more specifically in the GATT as part of the Kennedy Code, the Tokyo Codes and later the Uruguay Round negotiating texts.

The book demonstrates that terms such as "principal cause," "substantial cause" and "a cause in and of itself" are not necessarily warranted in such instruments. In the light of the experiences of key users of trade remedy instruments and the WTO Doha Round Rules negotiations, the book argues that causation determination does not require mathematical precision. Econometric or quantitative tools may be suggested, but such tools need not undermine the policy-laden nature of trade remedy instruments. Accordingly, the book suggests the use of weak-necessity and strong sufficiency test as a potentially viable causative framework with regard to injury and causation in trade remedies.

Subjects:
International Trade
Contents:
Chapter I: Introduction and Research Design
Chapter II: Historical evolution of injury and causality in trade remedies under GATT/WTO
Chapter III: Injury and Causality in Trade Remedy Investigations: An Analysis of the WTO Jurisprudence
Chapter IV: Injury and causality in antidumping investigations: experience of India and other jurisdictions
Chapter V: Injury and Causality in Safeguards Investigations: Experience of India and other jurisdictions
Chapter VI: Injury and Causality in Trade Remedies: Developments under the Doha Round
Chapter VII: General principles of law on causality: Application in the field of trade remedy investigations
Chapter VIII: findings and conclusions.