Analysis of the WTO and GATT precedents on antidumping and identification of innovations in the new WTO dispute settlement procedure

Abstract

The article analyzes the practice of the WTO dispute resolution body and cases, which were considered even under the GATT for anti-dumping cases. The result of the analysis is systematization and determination of the general characteristics of the precedents of the above topics, as well as the definition of innovation in the new dispute resolution procedure. To put it more clearly, it should be emphasized that the procedure for settling trade disputes of the WTO Dispute Resolution Body is not entirely new, but has been in effect since the establishment of the organization, but because of article considers precedents that preceded the WTO disputes, there was an objective need to make a comparative analysis between the two procedures on the resolution of trade disputes. The authors distinguish two main innovations, which, in turn, consist of two elements and are mainly expressed in institutional and operational new introductions. Undoubtedly, such a reform of the procedure has a positive effect and increases the effectiveness of measures, which makes the WTO dispute resolution body a more attractive institution for parties to trade disputes. The features of the anti-dumping precedents are based on the specifics of the dispute resolution procedure, which is subject to the norms of the code, developed taking into account the complexities of disputes, the object of which is dumping. Therefore, in determining the general characteristics, the main categories were the stages of the dispute and already in stages, tendencies were derived. Key words: anti-dumping, GATT, WTO, WTO innovations.