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US Steel Tariffs and the WTO Dispute Resolution Mechanism

Published online by Cambridge University Press:  08 October 2004

HANS MAHNCKE
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Abstract

In March 2002 the US administration imposed protective duties to safeguard its steel manufacturing industry. The measure was subsequently found to be illegal and repealed. The widespread conception is that the measure was ill-conceived and that by declaring it illegal the WTO system of adjudication proved that it had come of age. However, closer examination of the case and the relevant law reveals that the measure was in fact not ill-advised but a clever legal and political ploy. Rather than proving that WTO adjudication was working, the opposite is shown to be the case. WTO adjudication is in need of some changes if it is to respond to political manoeuvres which abuse the dispute resolution system.

Keywords

anti-dumpingDispute Settlement Understandinggood faithinternational trade lawremediessafeguardsWorld Trade Organization
Type
HAGUE INTERNATIONAL TRIBUNALS: CURRENT LEGAL DEVELOPMENTS
Information
Leiden Journal of International Law , Volume 17 , Issue 3 , September 2004 , pp. 615 - 624
Copyright
© 2004 Foundation of the Leiden Journal of International Law

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