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Domestic Judicial Review of Trade Remedies

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

Author: Müslüm Yilmaz
Publisher: Cambridge University Press
ISBN: 9781107022232
Published In: January 2013
Format: Hardback , 459 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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