IDEAS home Printed from https://ideas.repec.org/a/cup/wotrrv/v2y2003i03p297-325_00.html

Causing problems? The WTO review of causation and injury attribution in US Section 201 cases

Author

Listed:
  • IRWIN, DOUGLAS A.

Abstract

US safeguard actions have run into problems with the WTO's panel and Appellate Body reviews for failing to ensure that injury caused by non-import factors is not attributed to imports. This paper reviews the subtle legal and economic differences between US trade law (Section 201) and the WTO's Agreement on Safeguards on the non-attribution issue. The paper then resurrects the Kelly (1988) method of attributing injury to various factors as a potential method by which the ITC can ensure that future decisions conform with the Safeguards Agreement. The method is shown to yield results that are consistent with recent ITC safeguard decisions.

Suggested Citation

  • Irwin, Douglas A., 2003. "Causing problems? The WTO review of causation and injury attribution in US Section 201 cases," World Trade Review, Cambridge University Press, vol. 2(3), pages 297-325, November.
    • Handle: RePEc:cup:wotrrv:v:2:y:2003:i:03:p:297-325_00
    as

    Download full text from publisher

    File URL: https://www.cambridge.org/core/product/identifier/S1474745604001533/type/journal_article
    File Function: link to article abstract page
    Download Restriction: no
    ---><---

    Other versions of this item:

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Benjamin H. Liebman & Kasaundra M. Tomlin, 2007. "Steel safeguards and the welfare of U.S. steel firms and downstream consumers of steel: a shareholder wealth perspective," Canadian Journal of Economics, Canadian Economics Association, vol. 40(3), pages 812-842, August.
    2. Hartigan James C., 2015. "Did the Agreement on Safeguards Nullify their Use?," Global Economy Journal, De Gruyter, vol. 15(1), pages 155-172, March.
    3. Bruce A. Blonigen, 2006. "Evolving discretionary practices of U.S. antidumping activity," Canadian Journal of Economics, Canadian Economics Association, vol. 39(3), pages 874-900, August.
    4. Bown, Chad P. & Ruta, Michele, 2008. "The economics of permissible WTO retaliation," WTO Staff Working Papers ERSD-2008-04, World Trade Organization (WTO), Economic Research and Statistics Division.
    5. Chad P. Bown, 2005. "Trade Remedies and World Trade Organization Dispute Settlement: Why Are So Few Challenged?," The Journal of Legal Studies, University of Chicago Press, vol. 34(2), pages 515-555, June.
    6. Kitano, Taiju & Ohashi, Hiroshi, 2009. "Did US safeguards resuscitate Harley-Davidson in the 1980s?," Journal of International Economics, Elsevier, vol. 79(2), pages 186-197, November.
    7. Yoshifumi FUKUNAGA & John Riady & Pierre Sauve & Zhang Yunling & Jin Kyo Suh & Hank Lim & Daisuke Hiratsuka & Vananrith Chheang & Gary Hawke & Erlinda M. Medalla & Vo Tri Thanh & Yose Rizal Damuri & S, . "The Road To Bali: ERIA Perspectives on the WTO Ministerial and Asian Integration," Books, Economic Research Institute for ASEAN and East Asia (ERIA), number 2012-rpr-31 edited by Yoshifumi Fukunaga & John Riady, Pierre Sauve, October.
    8. Sauvé, Pierre, 2013. "The Road to Bali: ERIA Perspectives on the WTO Ministerial and Asian Integration," Papers 645, World Trade Institute.
    9. Simon Lacey, . "Life After Doha: Reflections in the run up to MC9," Chapters, in: Yoshifumi Fukunaga & John Riady, Pierre Sauve (ed.), The Road To Bali: ERIA Perspectives on the WTO Ministerial and Asian Integration, chapter 16, pages 195-219, Economic Research Institute for ASEAN and East Asia (ERIA).

    More about this item

    JEL classification:

    • F1 - International Economics - - Trade
    • K2 - Law and Economics - - Regulation and Business Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cup:wotrrv:v:2:y:2003:i:03:p:297-325_00. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Kirk Stebbing (email available below). General contact details of provider: https://www.cambridge.org/wtr .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.