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1 J. Int'l Econ. L. 259 (1998)
WTO Dispute Settlement in the Field of Anti-Dumping Law

handle is hein.journals/jiel1 and id is 269 raw text is: WTO DISPUTE SETTLEMENT IN THE FIELD OF ANTI-DUMPING LAW Jacques H. 7. Bourgeois* INTRODUCTION It is fairly widely recognized that among the systems for settling international disputes in economic matters, the General Agreement on Tariffs and Trade (GATT) system occupies a prominent place. All things considered it has func- tioned relatively well. This system has been quite remarkably strengthened by the Dispute Settlement Understanding (hereinafter DSU) agreed upon by the 124 States and the European Community (EC) that signed the Final Act of Marrakesh Agreement establishing the World Trade Organization (WTO) concluding the Uruguay Round of multilateral trade negotiations.' The GATT dispute settlement system applied to disputes about anti- dumping measures taken under Article VI of GATT 1947 and, subject to certain specific rules, to measures taken under the Tokyo Round Agreement on Implementation of Article VI of the GATT2 (hereinafter the Tokyo Round Anti-dumping Code). Under Article VI of GATT 1947 but more often under the Tokyo Round Anti-dumping Code, there have been 12 proceedings pursuant to either Article XXIII of GATT or the dispute settlement rules of this code. The record of the dispute settlement proceedings in the anti-dumping field had been less successful than in other fields of GATT law. Hudec has pointed to the high percentage of legal failures in these cases and in subsidy countervailing duty cases, i.e. when complaints filed 'have been terminated for negative reasons', to their low rate of settlement and to their sharp increase. He explains this phenomenon by 'the typical arbitrari- ness of anti-dumping and countervailing duties criteria' and 'the legal rigid- ity of the measure once taken'.3 Petersmann has mentioned other aspects as * Partner, Akin, Gump, Strauss, Hauer & Feld (Brussels), Professor at the College of Europe. The text of the DSU has been published in World Trade Organization, 'The Results of the Uruguay Round of Multilateral Trade Negotiations'. The Legal Texts 404 (Geneva, 1995); for a comment see E.-U. Petersmarm International Trade Law and the GATT/WTO Dispute Settlement System 1948-1996: An Introduction' in E.-U. Petersmann (ed.) International Trade Law and the GATI/WTO Dispute Settlement System at 54 (Kluwer. London, The Hague, Boston, 1997). 2 GATT, BISD 26 S/171. 3 R. Hudec, 'Enforcing International Trade Law'. The Evolution of the Modem GATT Legal System, 354 (Butterworth: Salem NH 1993).

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