Library Catalogue
Review of the Injury and Causality Determination Standards in Trade Remedy Investigations
Mr. James Joseph Nedumpara
Review of the Injury and Causality Determination Standards in Trade Remedy Investigations - Bangalore NLSIU 2015 - 292p
TABLE OF CONTENTS
REVIEW OF THE INJURY AND CAUSALITY DETERMINATION STANDARDS IN TRADE;
REMEDY;
INVESTIGATIONS;
CERTIFICATE;
DECLARATION;
ACKNOWLEDGEMENT;
ABBREVIATIONS;
LIST OF CASES CITED;
LEGAL INSTRUMENTS/DOCUMENTS;
CHAPTER I: INTRODUCTION AND RESEARCH DESIGN;
A. GENERAL INTRODUCTION;
B. INTRODUCTION TO THE RESEARCH PROBLEM;
C. SCOPE AND OBJECTIVES OF THE RESEARCH;
D. HYPOTHESIS;
E. KEY RESEARCH QUESTIONS RELATING TO HYPOTHESIS;
F. METHODOLOGY;
G. CHAPTER OUTLINE;
H. LIMITATIONS OF THE STUDY;
CHAPTER II: HISTORICAL EVOLUTION OF INJURY AND CAUSALITY IN TRADE REMEDIES UNDER GATT/WTO;
A. INTRODUCTION;
B. EVOLUTION OF ANTI-DUMPING LAWS;
1. Genesis of Antidumping law;
2. Economic Rationale of Antidumping Laws;
3. Movement from Predatory Intent to Injury Standards ;
C. INJURY AND CAUSATION IN ANTIDUMPING UNDER GATT 1947;
1. Antidumping under Kennedy Round;
2. Antidumping under the Tokyo Round Code;
3. Injury and Causation in Antidumping under Uruguay Round;
4. Antidumping Negotiations and the Carlisle Draft ;
D. MATERIAL INJURY AND NON-ATTRIBUTION IN ANTIDUMPING INVESTIGATIONS ;
1. Causation and Non-Attribution under Uruguay Round Antidumping Agreement;
2. Causation in Sunset and Interim Reviews ;
E. INJURY AND CAUSATION IN SUBSIDIES AND COUNTERVAILING INVESTIGATIONS ;
1. Injury and Causality in Tokyo Subsidies Agreement;
2. Uruguay Round Agreement on Subsidies and Countervailing Measures ;
3. Similarities of SCM Agreement and AD Agreement;
F. INJURY AND CAUSATION IN SAFEGUARD INVESTIGATIONS;
G. INJURY AND CAUSATION PROVISIONS AT THE END OF THE URUGUAY ROUND;
H. CONCLUSION;
I. ANNEXURE- 1;
1. Signatories of Kennedy Round Antidumping Code ;
J. ANNEXURE- II;
1. Signatories of Tokyo Antidumping and Subsidies Codes;
CHAPTER III: INJURY AND CAUSALITY IN TRADE REMEDY INVESTIGATIONS: AN
ANALYSIS OF THE WTO JURISPRUDENCE;
A. INTRODUCTION;
B. CAUSAL LINK IN TRADE REMEDY INVESTIGATIONS: ISSUES AND CHALLENGES IN IMPLEMENTATION;
1. Concept of causal link in WTO Trade Remedy Agreements;
2. Injury and causality: Why a common approach is desirable for all trade remedy
actions?;
3. Injury and Causation under the WTO: a comparison;
C. ROLE OF TREND ANALYSIS;
1. Volume effects;
2. Price effects: Concept of Price Undercutting and Underselling Analysis;
3. Trends Analysis and Conceptualizing the Requirement of “Through the Effects”;
4. Summary on trend analysis;
D. EXAMINATION OF THE GATT/WTO JURISPRUDENCE: THE “NON-ATTRIBUTION” TEST;
1. Identifying and Separating Other “Known Factors”;
2. Non-Attribution: Examination of the U.S Methodology in Trade remedy investigations;
3. Non-Attribution Analysis and its Discontents: The application of the ‘but-for’ test;
E. CONCLUSION;
F. ANNEXURE- I;
CHAPTER IV: INJURY AND CAUSALITY IN ANTIDUMPING INVESTIGATIONS: EXPERIENCE OF INDIA AND OTHER JURISDICTIONS;
A. INTRODUCTION;
B. RISE OF ANTIDUMPING IN INDIA: LEGAL FRAMEWORK AND INSTITUTIONS;
1. India, antidumping and the Uruguay Round ;
2. Role of the DGAD and its Functioning;
C. EMPIRICS OF INJURY AND CAUSATION EXAMINATION IN INDIA;
1. Examination of Volume and Price effects;
2. Lesser duty rule in India;
D. SURVEY OF INJURY AND CAUSATION IN INDIAN ANTIDUMPING CASE;
1. Survey of selected Indian antidumping cases;
2. Injury and Causation: Discussion of Phase I Cases;
3. Injury and causation: Discussion of Phase-II cases;
4. Non- Attribution Analysis in Indian Antidumping Investigations;
Appellate review of injury and causality in India;
E. INJURY AND CAUSATION DETERMINATION: PRACTICE OF OTHER WTO MEMBERS;
1. Traditional Users;
2. Injury and Causation practices of ‘New Users’;
F. CONCLUSION;
G. ANNEXURES;
CHAPTER V: INJURY AND CAUSALITY IN SAFEGUARDS INVESTIGATIONS: EXPERIENCE OF INDIA;
A. INTRODUCTION;
B. ASSESSMENT OF INJURY AND CAUSATION IN INDIA’S SAFEGUARD INVESTIGATIONS;
C. NON- ATTRIBUTION ANALYSIS IN INDIA’S SAFEGUARD INVESTIGATIONS;
D. CONCLUSION;
H. ANNEXURES;
CHAPTER VI: INJURY AND CAUSALITY IN TRADE REMEDIES: DEVELOPMENTS UNDER THE DOHA ROUND;
A. INTRODUCTION;
B. RULES NEGOTIATIONS AND MEMBERS’ PROPOSALS;
C. RELATIONSHIP BETWEEN MATERIAL INJURY AND CAUSALITY;
1. Degree of Causal Relationship;
D. NON-ATTRIBUTION LANGUAGE;
E. NEGOTIATIONS ON SUBSIDIES AND COUNTERVAILING MEASURES;
F. CONCLUSION;
CHAPTER VII: GENERAL PRINCIPLES OF LAW ON CAUSALITY: APPLICATION IN THE FIELD OF TRADE REMEDY INVESTIGATIONS;
A. INTRODUCTION;
B. THE CONCEPT OF CAUSATION: FROM HUME TO HART AND HONORÉ;
C. ADDRESSING A PLURALITY OF CAUSES IN A TRADE REMEDY SETTING;
D. A CAUSATION FRAMEWORK FOR TRADE REMEDIES: NECESSITY TEST;
E. CONCLUSION;
CHAPTER VIII: FINDINGS AND CONCLUSIONS;
BIBLIOGRAPHY.
Antidumping Investigation - India GATT - WTO - Trade Remedies Trade Remedies - DOHA Round
Review of the Injury and Causality Determination Standards in Trade Remedy Investigations - Bangalore NLSIU 2015 - 292p
TABLE OF CONTENTS
REVIEW OF THE INJURY AND CAUSALITY DETERMINATION STANDARDS IN TRADE;
REMEDY;
INVESTIGATIONS;
CERTIFICATE;
DECLARATION;
ACKNOWLEDGEMENT;
ABBREVIATIONS;
LIST OF CASES CITED;
LEGAL INSTRUMENTS/DOCUMENTS;
CHAPTER I: INTRODUCTION AND RESEARCH DESIGN;
A. GENERAL INTRODUCTION;
B. INTRODUCTION TO THE RESEARCH PROBLEM;
C. SCOPE AND OBJECTIVES OF THE RESEARCH;
D. HYPOTHESIS;
E. KEY RESEARCH QUESTIONS RELATING TO HYPOTHESIS;
F. METHODOLOGY;
G. CHAPTER OUTLINE;
H. LIMITATIONS OF THE STUDY;
CHAPTER II: HISTORICAL EVOLUTION OF INJURY AND CAUSALITY IN TRADE REMEDIES UNDER GATT/WTO;
A. INTRODUCTION;
B. EVOLUTION OF ANTI-DUMPING LAWS;
1. Genesis of Antidumping law;
2. Economic Rationale of Antidumping Laws;
3. Movement from Predatory Intent to Injury Standards ;
C. INJURY AND CAUSATION IN ANTIDUMPING UNDER GATT 1947;
1. Antidumping under Kennedy Round;
2. Antidumping under the Tokyo Round Code;
3. Injury and Causation in Antidumping under Uruguay Round;
4. Antidumping Negotiations and the Carlisle Draft ;
D. MATERIAL INJURY AND NON-ATTRIBUTION IN ANTIDUMPING INVESTIGATIONS ;
1. Causation and Non-Attribution under Uruguay Round Antidumping Agreement;
2. Causation in Sunset and Interim Reviews ;
E. INJURY AND CAUSATION IN SUBSIDIES AND COUNTERVAILING INVESTIGATIONS ;
1. Injury and Causality in Tokyo Subsidies Agreement;
2. Uruguay Round Agreement on Subsidies and Countervailing Measures ;
3. Similarities of SCM Agreement and AD Agreement;
F. INJURY AND CAUSATION IN SAFEGUARD INVESTIGATIONS;
G. INJURY AND CAUSATION PROVISIONS AT THE END OF THE URUGUAY ROUND;
H. CONCLUSION;
I. ANNEXURE- 1;
1. Signatories of Kennedy Round Antidumping Code ;
J. ANNEXURE- II;
1. Signatories of Tokyo Antidumping and Subsidies Codes;
CHAPTER III: INJURY AND CAUSALITY IN TRADE REMEDY INVESTIGATIONS: AN
ANALYSIS OF THE WTO JURISPRUDENCE;
A. INTRODUCTION;
B. CAUSAL LINK IN TRADE REMEDY INVESTIGATIONS: ISSUES AND CHALLENGES IN IMPLEMENTATION;
1. Concept of causal link in WTO Trade Remedy Agreements;
2. Injury and causality: Why a common approach is desirable for all trade remedy
actions?;
3. Injury and Causation under the WTO: a comparison;
C. ROLE OF TREND ANALYSIS;
1. Volume effects;
2. Price effects: Concept of Price Undercutting and Underselling Analysis;
3. Trends Analysis and Conceptualizing the Requirement of “Through the Effects”;
4. Summary on trend analysis;
D. EXAMINATION OF THE GATT/WTO JURISPRUDENCE: THE “NON-ATTRIBUTION” TEST;
1. Identifying and Separating Other “Known Factors”;
2. Non-Attribution: Examination of the U.S Methodology in Trade remedy investigations;
3. Non-Attribution Analysis and its Discontents: The application of the ‘but-for’ test;
E. CONCLUSION;
F. ANNEXURE- I;
CHAPTER IV: INJURY AND CAUSALITY IN ANTIDUMPING INVESTIGATIONS: EXPERIENCE OF INDIA AND OTHER JURISDICTIONS;
A. INTRODUCTION;
B. RISE OF ANTIDUMPING IN INDIA: LEGAL FRAMEWORK AND INSTITUTIONS;
1. India, antidumping and the Uruguay Round ;
2. Role of the DGAD and its Functioning;
C. EMPIRICS OF INJURY AND CAUSATION EXAMINATION IN INDIA;
1. Examination of Volume and Price effects;
2. Lesser duty rule in India;
D. SURVEY OF INJURY AND CAUSATION IN INDIAN ANTIDUMPING CASE;
1. Survey of selected Indian antidumping cases;
2. Injury and Causation: Discussion of Phase I Cases;
3. Injury and causation: Discussion of Phase-II cases;
4. Non- Attribution Analysis in Indian Antidumping Investigations;
Appellate review of injury and causality in India;
E. INJURY AND CAUSATION DETERMINATION: PRACTICE OF OTHER WTO MEMBERS;
1. Traditional Users;
2. Injury and Causation practices of ‘New Users’;
F. CONCLUSION;
G. ANNEXURES;
CHAPTER V: INJURY AND CAUSALITY IN SAFEGUARDS INVESTIGATIONS: EXPERIENCE OF INDIA;
A. INTRODUCTION;
B. ASSESSMENT OF INJURY AND CAUSATION IN INDIA’S SAFEGUARD INVESTIGATIONS;
C. NON- ATTRIBUTION ANALYSIS IN INDIA’S SAFEGUARD INVESTIGATIONS;
D. CONCLUSION;
H. ANNEXURES;
CHAPTER VI: INJURY AND CAUSALITY IN TRADE REMEDIES: DEVELOPMENTS UNDER THE DOHA ROUND;
A. INTRODUCTION;
B. RULES NEGOTIATIONS AND MEMBERS’ PROPOSALS;
C. RELATIONSHIP BETWEEN MATERIAL INJURY AND CAUSALITY;
1. Degree of Causal Relationship;
D. NON-ATTRIBUTION LANGUAGE;
E. NEGOTIATIONS ON SUBSIDIES AND COUNTERVAILING MEASURES;
F. CONCLUSION;
CHAPTER VII: GENERAL PRINCIPLES OF LAW ON CAUSALITY: APPLICATION IN THE FIELD OF TRADE REMEDY INVESTIGATIONS;
A. INTRODUCTION;
B. THE CONCEPT OF CAUSATION: FROM HUME TO HART AND HONORÉ;
C. ADDRESSING A PLURALITY OF CAUSES IN A TRADE REMEDY SETTING;
D. A CAUSATION FRAMEWORK FOR TRADE REMEDIES: NECESSITY TEST;
E. CONCLUSION;
CHAPTER VIII: FINDINGS AND CONCLUSIONS;
BIBLIOGRAPHY.
Antidumping Investigation - India GATT - WTO - Trade Remedies Trade Remedies - DOHA Round