Wittgenstein and the panel's and appellate body's activism in United States-Antidumping Act of 1916: Bases for rethinking the conventional wisdom of competition issues under the WTO (Karl Wittgenstein).

摘要

This thesis is aimed at challenging the conventional wisdom regarding trade and competition under the World Trade Organization, namely, that the WTO does not deal with competition matters. This thesis shows that this wisdom cannot be upheld when viewed in conjunction with Karl Wittgenstein's theories of language and with the panel and Appellate Body's decisions in United States-Anti-Dumping Act of 1916.; These decisions confirm the application of such theories to the WTO and indicate, first, that the WTO limits concerning trade and competition are not as clearly defined as followers of the conventional wisdom suggest, and, second, that the Appellate Body and future panels may be willing to incorporate other competition issues within the realm of the WTO, if they are properly presented before it by Member States.; A description of the existing state of the art concerning competition and international trade is presented.