MJIEL Vol 5 Issue 2 2008 - Article 4

Abstract: There is a debate in the academic and policy making circles whether the judicial branch of the WTO is usurping the functions of the diplomatic and rule making branch. The article attempts to analyse proposed Draft Antidumping Agreement in the light of this debate. The article examines the changes suggested by Chairpersons Draft in the existing Antidumping Agreement in the background of decisions of the Panel and Appellate Body. The purpose is to see how far the suggested changes tend to overturn the decisions of Panel and the Appellate Body.

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