By Issam K. H. Halayqa
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Additional resources for A Comparative Lexicon of Ugaritic and Canaanite (Alter Orient Und Altes Testament) P. 2
See also Alan O. Sykes, The Economics of Injury in Antidumping and Countervailing Duty Investigations, 16 INTERNATIONAL REVIEW OF LAW AND ECONOMICS 5, 10 (1996). O. Sykes, The Economics of Injury in Antidumping and Countervailing Duty Cases, 16 INTERNATIONAL REVIEW OF LAW AND ECONOMICS 5 (1996). 20 MICHAEL J. , 2010). 6 1 Injury and Causation in Trade Remedy Law … This analytical work would like to steer clear of this debate and assumes that imports, fair or unfair, are causal under antidumping, CVD and safeguards investigations.
1 Trade remedy laws predicate their foundation on the very existence of “injury” to the domestic industry. The WTO Treaty and, in particular, the relevant covered agreements ensure that the afore-mentioned trade remedies can be resorted to only when there is a causal relationship between dumping/subsidization or increased imports and the injury to the domestic industry. The domestic industry may suffer injury on account of a number of factors, which could be a few or many depending on the facts and circumstances.
The NESS test has strong philosophic roots and can satisfactorily address a causal enquiry where multiple factors are involved. The book seeks to examine the utility of the NESS test when compared to the “but-for” test or other quantitative approaches involving economic or statistical tools. Finally, this book examines if there is a need for the WTO Membership to seriously consider the need to make clariﬁcations or amendments to the treaty text itself in order to reflect the current day practices, realities and exigencies that underlie the use of various trade defense instruments.