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International Trade Law Legal issues related to rules and customs for handling trade between countries or between private companies across borders.

Compatibility of the FTA's remedy rules with the WTO obligation

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Old Aug 8th, 2008, 05:06 PM     #1
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Default Compatibility of the FTA's remedy rules with the WTO obligation

Once a remedy measure is taken in a way in which the FTA partners would get more favourable treatment than the other WTO Member, is there a legal issue of whether this would be in contrary to any WTO obligation? i.e. if an anti-dumping investigation differentiate between products supplies by FTA partners and other products originated from other WTO Members, is such differentiatation discriminatory under the WTO obligation?
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Old Aug 8th, 2008, 05:18 PM     #2
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Default Re: Compatibility of the FTA's remedy rules with the WTO obligation

With anti-dumping, the duties are calculated for, and imposed on, specific companies, so there is really no way to treat WTO Members equally. Thus, I don't think the issue would come up. (Unless you mean that one methodology is used for FTA partners, and a less favorable one is used for other WTO Members).

But for safeguards, there are some issues relating to FTAs. It's a bit hard to answer in the abstract, though. There are various aspects of this issue, and it depends on the particular facts.
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