Anti-Dumping in the WTO

Anti-dumping practice is viewed by many economists as a protectionist’s choice tool: A non-tariff barrier responsible for distortion of free flow of trade. Since the raison d’être of the WTO is to reduce (and if possible eliminate) barriers to free flow of trade, the existence of anti-dumping laws in GATT/WTO alongside trade liberalisation provisions have continued to generate considerable controversy. This work appraises the conceptual foundation of US anti-dumping law and its influence on GATT/WTO anti-dumping practice. It also examines the circumstances surrounding the inclusion of Article 17 in the Anti-dumping Agreement as a special US contribution to WTO anti-dumping practice. Ultimately, this inquiry identifies that the US maintains a crucial position in shaping outcomes in anti-dumping disciplines in the WTO. It makes the case that such role can only be appropriately undertaken by the US itself readjusting its guiding paradigm on anti-dumping practice.