Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.
• The first in-depth exploration of how judicial review of trade remedy determinations has functioned in domestic courts • Broad scope covers the twenty-one countries that are the biggest users of trade remedies globally • For each country, provides an overview of the trade remedies system and examines the judicial review of determinations pertaining to the three types of trade remedies
Contents
1. Introduction Müslüm Yilmaz; 2. Canada Andrew M. Lanouette and Christopher J. Kent; 3. United States John D. McInerney and Michele D. Lynch; 4. Mexico Jorge Miranda and Juan Carlos Partida; 5. Colombia María Clara Lozano; 6. Brazil Rabih Nasser and Luciana B. Costa; 7. Argentina Mercedes de Artaza; 8. Peru Luis Alberto Leon and María Antonieta Merino; 9. The European Union Edwin Vermulst and Juhi Sud; 10. Turkey Müslüm Yilmaz; 11. Israel Arie Reich and Gill Nadel; 12. South Africa Gustav Brink; 13. Pakistan Faizullah Khilji and Mazhar Bangash; 14. India Madhurendra Nath Jha; 15. China Henry Gao; 16. The Republic of Korea Jaemin Lee; 17. Indonesia Erry Bundjamin; 18. Australia Stephen Gageler; 19. Countries with insufficient judicial review activity: Japan, Malaysia, New Zealand and Thailand Osamu Umejima, Edmund Sim, Hugh McPhail, Apisith John Sutham, Pattanan Kalawantavanich and Sakkapol Vachatimanont; 20. Conclusions Müslüm Yilmaz.
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