Domestic Judicial Review of Trade Remedies

An examination of twenty-one countries' experiences of domestic judicial review being used to challenge trade remedy determinations.

Trade remedies are very widely used in today's global trading environment and are effective in closing national markets to foreign competitors. This book explores one way in which exporters can challenge this: by using the judicial review mechanism of the importing country.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.