MJIEL Vol 7 Issue 1 2010 - Article 4

Abstract: International trade law offers protection from the sale of imports in the form of three remedies: antidumping duties, countervailing duties, and safeguards. To afford relief to an injured domestic industry, the relevant agency of an importing country must demonstrate that the imports caused the injury. This article examines the standards under United States statutes, the articles of the General Agreement on Tariffs and Trade, and the legal documents falling under the jurisdiction of the World Trade Organization (WTO) and argues that the relevant texts essentially compel investigating agencies to correlate economic data to show causation. It then discusses three elements from prominent philosophical theories on causation and examines the common law but-for and proximate cause principles to suggest how investigating agencies may realign the focus of their inquiry on causation. In conclusion, the article proposes two new standards that would help agencies conduct this inquiry.

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