Under Pressure: Intractable Trade Conflicts and Korea -- Pneumatic Valves

25 Pages Posted: 1 Dec 2020

See all articles by Kristy Buzard

Kristy Buzard

Syracuse University - Department of Economics

Kathleen Claussen

University of Miami School of Law; Georgetown University Law Center, Institute of International Economic Law

Date Written: November 2020

Abstract

The Appellate Body (AB) report in Korea -- Pneumatic Valves is among the most structurally complex of recent trade remedies reports. The AB weaves a complicated web to explicate the intricacies of the relationship among the relevant provisions on injury determination in anti-dumping disputes in the midst of a contentious and long-running series of disputes between two close regional trading powers. This Article first examines the Korean investigation and its significance in economic terms. Second, it analyzes the AB’s conclusions on Article 6.2 of the Dispute Settlement Understanding regarding the panel request and the significance of the AB’s treatment. Third, it studies the AB’s comments on the panel’s anti-dumping calculations where the AB amplifies its prior pronouncements on the elements of injury and causation. Finally, the Article situates this dispute in the broader political debates playing out both at the AB and between the two disputing parties.

Keywords: WTO, dispute settlement, Appellate Body, antidumping, Korea

JEL Classification: F13, F53

Suggested Citation

Buzard, Kristy and Claussen, Kathleen, Under Pressure: Intractable Trade Conflicts and Korea -- Pneumatic Valves (November 2020). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2020/82, Available at SSRN: https://ssrn.com/abstract=3738284 or http://dx.doi.org/10.2139/ssrn.3738284

Kristy Buzard (Contact Author)

Syracuse University - Department of Economics ( email )

Syracuse, NY 13244-1020
United States

HOME PAGE: http://faculty.maxwell.syr.edu/kbuzard

Kathleen Claussen

University of Miami School of Law ( email )

1311 Miller Dr
Coral Gables, FL 33146
United States

Georgetown University Law Center, Institute of International Economic Law ( email )

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