Advocacy Before World Trade Organization Dispute Settlement Panels in Trade Remedy Cases

摘要

The growth in the number of trade remedy disputes before the WTO has been exponential. The trend going forward is unlikely to change. According to the WTO, 65 Members have anti-dumping laws, 58 Members have countervailing duty laws, and 46 Members have safeguard laws. In addition to the traditional users of these laws (e.g., the United States, Canada, the European Union, Australia, and New Zealand), countries such as India, South Africa, Argentina, Brazil, and Mexico have recently joined the "club". Indeed, some of these new users are fast becoming habitual users. Argentina, for example, now maintains 52 different antidumping measures on everything from hangers to hot-rolled steel. As the use of these laws spreads, the number of disputes over their application is likely to increase. Over-worked and often under-paid government attorneys can only handle so much of this work. With increasing frequency, private attorneys are being called upon to help WTO Members and other concerned parties litigate these disputes. This article hopefully makes at least some contribution to effective advocacy by government and private attorneys before WTO dispute settlement panels in trade remedy cases.