ANTIDUMPING INVESTIGATIONS AND THE ROLE OF THE JUDICIARY IN THE WTO SYSTEM

Abstract

The article aims at providing a panoramic view of the main aspects involved in the establishment of antidumping measures, demonstrating the amount of discretion left the countries in their internal investigations and to the WTO adjudicating bodies in assessing their legality. It argues that in order to provide more predictability and transparency to the WTO, the application ‘case law’ (stare decisis) as WTO law constitutes and essential tool in avoiding the use of antidumping duties as protectionist measures by the States.