Does WTO Dispute Settlement provide effective remedies for Anti-Dumping Measure?

Abstract

The Antidumping and DSU are the most cited provisions with the WTO regime and are among the most contentious issues within the WTO framework as well as in the dispute settlement of the WTO members. The Anti-Dumping Agreement was a make or break deal during the WTO negotiations and has been a major concern for developed and developing members of the WTO. This paper highlights the concept and types of remedies and analysis whether these remedies fulfill the objectives of the DSU by providing effective remedy for the infringement of WTO obligations by the concerned members. The paper also considers the special provisions relating to the Antidumping Agreement for resolving dumping cases. The paper finds that though WTO provides one of the most popular remedy of impositions of sanctions which are not available at any other government represented international forums. But these sanctions do not serve the purpose of trade liberalization and creates a further barrier by impositions of tariffs to induce compliance of the DSB Rulings. In case of Antidumping the remedies prove to be insufficient as the imposition of dumping itself results in trade diversion or have irrecoverable impact on the domestic industry of the exporting country. The paper concludes with suggestions for reforms which can be further explored and should be included in the present negotiations of the Doha Round of Trade Negotiations.