MJIEL Vol 6 Issue 2 2009 - Article 1

Abstract: The anti-competitive and welfare-reducing nature of the anti-dumping (AD) instrument has long been recognized among economists. Noting that the best option for AD reform – a complete abolishment – is practically unavailable due to the WTO Doha Ministerial Declaration, which ruled out the possibility for any substantial changes intending to tighten AD disciplines to the WTO AD Agreement, this paper presents the importance of procedural improvements to AD decision-making at national level. By examining the AD institutions in four of the top ten AD user, namely the U.S., the EC, China and South Africa, from the perspective of good governance, it is found that the significant governance quality gap between the North and the South may contribute to the prolific use by emerging economies of AD, usually disproportionate to their small share in world imports. These economies already maintain higher tariff barriers than industrial countries, so that without effective steps being taken to ensure better governance to restrain the arbitrary and proliferating use of AD, they may lose out significantly on the gains from trade liberalization for which they have been striving for decades.

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