A Crafty Madness Kept Aloof: Anti-Dumping as Faulted Global Governance

“Grey Zones of Global Governance and Trade: Anti-Dumping, Subsidies, Human Rights and Policy Spaces" Daniel Drache and Les Jacobs, eds. (2015)

17 Pages Posted: 15 Nov 2014

See all articles by Tomer Broude

Tomer Broude

Hebrew University of Jerusalem - International Law Forum

Date Written: November 13, 2014

Abstract

The international regulation of anti-dumping is truly a ‘grey zone’ in the sense that it sanctions legalized yet highly discretionary trade protectionism. However, to portray anti-dumping laws and practices as a grey zone of governance is something entirely different, for that might imply that anti-dumping has economic or other public policy justifications that transcend merely politicized responsiveness to particular international trade interests. Anti-dumping reduces welfare, both locally and globally. Anti-dumping measures do not, and should not, play an active role in public policy strategies relating to issues such as labor standards, as elaborated in this article. Moreover, North-South shifts in the global political economy, evolving trends in international services trade and international investment, and the emergence of global value chains, may partly explain the proliferation of anti-dumping and the perpetuation of the GATT/WTO’s multilateral anti-dumping regime, but they cannot justify them. If anti-dumping policy is a form of global governance, it is a deeply faulted one.

Keywords: WTO, Antidumping, global governance, labor rights, international trade

Suggested Citation

Broude, Tomer, A Crafty Madness Kept Aloof: Anti-Dumping as Faulted Global Governance (November 13, 2014). “Grey Zones of Global Governance and Trade: Anti-Dumping, Subsidies, Human Rights and Policy Spaces" Daniel Drache and Les Jacobs, eds. (2015) . Available at SSRN: https://ssrn.com/abstract=2523846

Tomer Broude (Contact Author)

Hebrew University of Jerusalem - International Law Forum ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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