Banking / Finance

Domestic Judicial Review of Trade Remedies Experiences of the Most Active WTO Members

By Müslüm Yilmaz
Cambridge University Press January 2013

Specifications

ISBN-13
9781107022232
Publisher
Cambridge University Press
Publication
January 2013
Format
Hardback , 459 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

Contributors
x
Foreword by Pascal Lamy
xiii
Acknowledgements
xv
1.    Introduction
Müslüm Yilmaz
1
2.    Canada: high deference, stark reality
Andrew M. Lanouette and Christopher J. Kent
11
3.    United States: judicial review: a cornerstone of trade remedies practice
John D. McInerney and Michele D. Lynch
35
4.    Mexico: quasi-judicial review of trade remedy measures by NAFTA panels
Jorge Miranda and Juan Carlos Partida
55
5.    Colombia: a complex court system with the possibility of three instances
María Clara Lozano
83
6.    Brazil: the need for enhanced effectiveness
Rabih A. Nasser and Luciana B. Costa
107
7.    Argentina: a well-structured but unsuccessful judicial review system
Mercedes de Artaza
129
8.    Peru: a sophisticated but underused judicial review system
Luis Alberto LeÓn and María Antonieta Merino
153
9.    The European Union: an imperfect and time-consuming system
Edwin Vermulst and Juhi Sud
173
10.   Turkey: a judicial review system in need of change
Müslüm Yilmaz
197
11.   Israel: a comparative study of two models
Arie Reich and Gill Nadel
221
12.   South Africa: a complicated, unpredictable, long and costly judicial review system
Gustav Brink
247
13.   Pakistan: an evolving judicial review system
Faizullah Khilji and Mazhar Bangash
269
14.   India: a three-tier judicial review system
Madhurendra Nath Jha
287
15.   China: an untested theoretical possibility?
Henry Gao
313
16.   Korea: increasing attention and new challenges
Jaemin Lee
337
17.   Indonesia: a judicial review system in dire need of restructuring
Erry Bundjamin
361
18.   Australia: judicial review with merits review
Stephen Gageler
379
19.   Countries with insufficient judicial review activity
399
20.   Conclusions
Müslüm Yilmaz
423
Index
433

About the Author

Müslüm Yilmaz
World Trade Organization

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