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Trade Remedy Laws: The Trojan Horse in the Multilateral Trading System


ISBN13: 9789403539294
Published: October 2025
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Hardback
Price: £102.00



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Trade Remedy Laws: The Trojan Horse in the Multilateral Trading System is a book providing a groundbreaking analysis and an in-depth overview of the origins of the current ‘trade war’ and proposes a path to strengthen the multilateral trading system with rules based on welfare economics and legal principles, as well as their multilateral enforcement. An unprecedented succession of trade-restrictive measures is currently propelling the highest rise in protectionism in the history of the multilateral trading system.

What’s in this book:

Combining empirical, historical, and exegetical research methods, the author shows that trade remedies – anti-dumping, countervailing and safeguard measures – rather than facilitating trade liberalization, undermine the multilateral trading system by protecting certain producers to the detriment of importers, consumers and eventually the environment. She explores and analyses:

  • trade-restrictive measures imposed at the origins of the trade war, including trade remedies, national security and tit-for-tat tariffs measures
  • the origins of trade remedy laws and their incorporation into the multilateral trading system, and
  • the normative evolution of multilateral trade remedy laws and subsidy disciplines

Sources include the documents from multilateral conferences conducted under the auspices of the League of Nations and the United Nations, and the agreements resulting from multilateral trade negotiations, such as the General Agreement on Tariffs and Trade (GATT), the International Trade Organization (ITO) Charter and the World Trade Organization (WTO) Agreements on Subsidies and Countervailing Measures, Anti-dumping and Safeguards.

How this will help you:

The collapse of the multilateral trading system has affected international trade relations and global value chains by creating legal uncertainty and raising costs for exporters, importers and ultimately consumers. This book proposes a multilateral solution aimed at preventing restraints of trade and competition while enhancing global welfare, through the abolition of trade remedy laws, the amendment of subsidy disciplines, the incorporation of an agreement on trade-restrictive practices and competition, and the inclusion of environmental and labour standards within the multilateral trading system. It will be essential reading for corporate counsel, national trade representatives, all stakeholders in the promotion of international trade and academics with an interest in the subject.

Subjects:
International Trade
Contents:
List of Abbreviations
Preface
Introduction

PART I. The Outbreak of the US–China Trade War: Trade Remedy Laws, National Security and Tit-for-Tat Tariff Measures
CHAPTER 1. Trade Remedies by the United States
CHAPTER 2. National Security
CHAPTER 3. US–China Tit-for-Tat Tariff Measures

PART II. History of Multilateral Trade Remedy Laws
CHAPTER 4. Origins of Trade Remedy Laws
CHAPTER 5. Preparatory Work of the GATT and ITO Charter, 1945-1948
CHAPTER 6. Trade Remedy Laws Through Main GATT Negotiations Rounds, 1948-1994

PART III. Trade Remedy Laws, Subsidies and Competition in the XXI Century
CHAPTER 7. Subsidies
CHAPTER 8. Countervailing Duties
CHAPTER 9. Anti-dumping
CHAPTER 10. Safeguards
CHAPTER 11. Agreement on Competition and Trade-Restrictive Practices
CHAPTER 12. Environmental and Labour Standards
Conclusions

APPENDIX 1. GATT Disputes on Trade Remedies and Subsidies Before the Tokyo Codes, 1948-1980
APPENDIX 2. GATT Disputes on Subsidies and Countervailing Duties after the SCM Code, 1980-1994
APPENDIX 3. GATT Disputes on Anti-dumping after the 1979 AD Code, 1980-1994

Bibliography
Index