Causing Problems? The WTO Review of Causation and Injury Attribution in U.S. Section 201 Cases

Douglas Irwin

No 9815, NBER Working Papers from National Bureau of Economic Research, Inc

Abstract: U.S. safeguard actions have run into problems with the WTO's Panel and Appellate Body reviews for failing to ensure that injury caused by non-import factors is not attributed to imports. This paper reviews the subtle legal and economic differences between U.S. trade law (Section 201) and the WTO's Agreement on Safeguards on the non-attribution issue. The paper then resurrects the Kelly (1988) method of attributing injury to various factors as a potential method by which the ITC can ensure that future decisions conform with the Safeguards Agreement. The method is shown to yield results that are consistent with recent ITC safeguard decisions.

JEL-codes: F1 K2 (search for similar items in EconPapers)
Date: 2003-07
New Economics Papers: this item is included in nep-law
Note: ITI
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Citations: View citations in EconPapers (11)

Published as Irwin, Douglas A., 2003. "Causing problems? The WTO review of causation and injury attribution in US Section 201 cases," World Trade Review, Cambridge University Press, vol. 2(03), pages 297-325, November.

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