The Resource Injury and causation in trade remedy law : a study of wto law and country practices

Injury and causation in trade remedy law : a study of wto law and country practices

Label
Injury and causation in trade remedy law : a study of wto law and country practices
Title
Injury and causation in trade remedy law
Title remainder
a study of wto law and country practices
Creator
Contributor
Subject
Language
eng
Summary
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.--
Is part of
Assigning source
Provided by publisher
Cataloging source
YDX
http://library.link/vocab/creatorName
Nedumpara, James
Image bit depth
0
Index
no index present
LC call number
K1-7720
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
SpringerLink (Online service)
http://library.link/vocab/subjectName
  • Law
  • Business
  • Commerce
  • Conflict of laws
  • International law
  • Comparative law
  • Mediation
  • Dispute resolution (Law)
  • Conflict management
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • LAW
  • Business
  • Commerce
  • Comparative law
  • Conflict management
  • Conflict of laws
  • Dispute resolution (Law)
  • International law
  • Law
  • Mediation
Label
Injury and causation in trade remedy law : a study of wto law and country practices
Instantiates
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Foreword; Preface and Acknowledgements; Endorsements; Contents; About the Author; Abbreviations; List of Figures; List of Tables; List of Cases; Legal Instruments/Documents; General Introduction; 1 Injury and Causation in Trade Remedy Law: An Introduction to the Enquiry; Abstract; A Introduction; B Injury and Causation in Trade Remedies: Persisting Issues; C Purpose of the Enquiry on Injury and Causation; D Methodology; E Structure and Organization of the Book; F Limitations of the Study; 2 Historical Evolution of Injury and Causation in Trade Remedies Under GATT/WTO; Abstract; A Introduction
  • B Genesis of Antidumping Law; 1 Economic Rationale of Antidumping Laws; 2.1.1 Viner on Dumping; 2 Movement from Predatory Intent to Injury Standards; C Injury and Causation in Antidumping Under GATT 1947; 1 Antidumping Under Kennedy Round; 2 Antidumping Under the Tokyo Round Code; 3 Injury and Causation in Antidumping Under Uruguay Round; 4 Antidumping, Injury and the Overarching Obligations; D Material Injury and Non-attribution in Antidumping Investigations; 1 Causation and Non-Attribution: Insights from Uruguay Round Negotiating Texts; 2 Causation in Sunset and Interim Reviews
  • E Injury and Causation in Subsidies and Countervailing Investigations; 1 Injury and Causation in Tokyo Subsidies Code; 2 Uruguay Round Agreement on Subsidies and Countervailing Measures; 3 Similarities of SCM Agreement and AD Agreement; F Injury and Causation in Safeguard Investigations; G Injury and Causation Provisions at the End of the Uruguay Round; H Conclusion; Appendix 1; Signatories of Kennedy Round Antidumping Code; Appendix 2; Signatories of Tokyo Antidumping and Subsidies Codes; 3 Injury and Causation in Trade Remedy Investigations: An Analysis of the WTO Jurisprudence; Abstract
  • A Introduction; B Causal Link in Trade Remedy Investigations: Issues and Challenges in Implementation; 1 Concept of Causal Link in WTO Trade Remedy Agreements; 2 Injury and Causation: Why a Common Approach is Desirable for All Trade Remedy Actions?; 3 Injury and Causation Under the WTO: A Comparison; C Role of Trends Analysis; 1 Volume Effects; 2 Price Effects: Concept of Price Undercutting and Underselling Analysis; 3 Trends Analysis and Conceptualizing the Requirement of "Through the Effects"; 4 Summary on Trends Analysis
  • D Examination of the GATT/WTO Jurisprudence: The "Non-attribution" Test; 1 Identifying and Separating Other "Known Factors": Who Bears the Burden?; 2 Non-attribution: Examination of the U.S. Methodology in Trade Remedy Investigations; 3 Non-attribution Analysis and Its Discontents: The Application of the 'but for' Test; E Conclusion; Appendix; 4 Injury and Causation in Antidumping Investigations: Experience of India and Other Jurisdictions; Abstract; A Introduction; B Rise of Antidumping in India: Legal Framework and Institutions; India, Antidumping and the Uruguay Round
Dimensions
unknown
Extent
1 online resource
File format
multiple file formats
Form of item
online
Isbn
9789811021961
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
SpringerLink
Other control number
10.1007/978-981-10-2197-8
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
Stock number
10.1007/978-981-10-2197-8
System control number
  • (OCoLC)964619955
  • (OCoLC)ocn964619955
Label
Injury and causation in trade remedy law : a study of wto law and country practices
Publication
Antecedent source
mixed
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier
Color
not applicable
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
  • Foreword; Preface and Acknowledgements; Endorsements; Contents; About the Author; Abbreviations; List of Figures; List of Tables; List of Cases; Legal Instruments/Documents; General Introduction; 1 Injury and Causation in Trade Remedy Law: An Introduction to the Enquiry; Abstract; A Introduction; B Injury and Causation in Trade Remedies: Persisting Issues; C Purpose of the Enquiry on Injury and Causation; D Methodology; E Structure and Organization of the Book; F Limitations of the Study; 2 Historical Evolution of Injury and Causation in Trade Remedies Under GATT/WTO; Abstract; A Introduction
  • B Genesis of Antidumping Law; 1 Economic Rationale of Antidumping Laws; 2.1.1 Viner on Dumping; 2 Movement from Predatory Intent to Injury Standards; C Injury and Causation in Antidumping Under GATT 1947; 1 Antidumping Under Kennedy Round; 2 Antidumping Under the Tokyo Round Code; 3 Injury and Causation in Antidumping Under Uruguay Round; 4 Antidumping, Injury and the Overarching Obligations; D Material Injury and Non-attribution in Antidumping Investigations; 1 Causation and Non-Attribution: Insights from Uruguay Round Negotiating Texts; 2 Causation in Sunset and Interim Reviews
  • E Injury and Causation in Subsidies and Countervailing Investigations; 1 Injury and Causation in Tokyo Subsidies Code; 2 Uruguay Round Agreement on Subsidies and Countervailing Measures; 3 Similarities of SCM Agreement and AD Agreement; F Injury and Causation in Safeguard Investigations; G Injury and Causation Provisions at the End of the Uruguay Round; H Conclusion; Appendix 1; Signatories of Kennedy Round Antidumping Code; Appendix 2; Signatories of Tokyo Antidumping and Subsidies Codes; 3 Injury and Causation in Trade Remedy Investigations: An Analysis of the WTO Jurisprudence; Abstract
  • A Introduction; B Causal Link in Trade Remedy Investigations: Issues and Challenges in Implementation; 1 Concept of Causal Link in WTO Trade Remedy Agreements; 2 Injury and Causation: Why a Common Approach is Desirable for All Trade Remedy Actions?; 3 Injury and Causation Under the WTO: A Comparison; C Role of Trends Analysis; 1 Volume Effects; 2 Price Effects: Concept of Price Undercutting and Underselling Analysis; 3 Trends Analysis and Conceptualizing the Requirement of "Through the Effects"; 4 Summary on Trends Analysis
  • D Examination of the GATT/WTO Jurisprudence: The "Non-attribution" Test; 1 Identifying and Separating Other "Known Factors": Who Bears the Burden?; 2 Non-attribution: Examination of the U.S. Methodology in Trade Remedy Investigations; 3 Non-attribution Analysis and Its Discontents: The Application of the 'but for' Test; E Conclusion; Appendix; 4 Injury and Causation in Antidumping Investigations: Experience of India and Other Jurisdictions; Abstract; A Introduction; B Rise of Antidumping in India: Legal Framework and Institutions; India, Antidumping and the Uruguay Round
Dimensions
unknown
Extent
1 online resource
File format
multiple file formats
Form of item
online
Isbn
9789811021961
Level of compression
uncompressed
Media category
computer
Media MARC source
rdamedia
Media type code
c
Note
SpringerLink
Other control number
10.1007/978-981-10-2197-8
Quality assurance targets
absent
Reformatting quality
access
Specific material designation
remote
Stock number
10.1007/978-981-10-2197-8
System control number
  • (OCoLC)964619955
  • (OCoLC)ocn964619955

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