That last post has me thinking about domestic judicial review of AD/CVD measures. AD Agreement Article 13 says: "Each Member whose national legislation contains provisions on anti-dumping measures shall maintain judicial, arbitral or administrative tribunals or procedures for the purpose, inter alia, of the prompt review of administrative actions relating to final determinations and reviews of determinations within the meaning of Article 11. Such tribunals or procedures shall be independent of the authorities responsible for the determination or review in question." SCM Agreement Article 23 has a similar provision.
But these provisions don't say anything about the standard of review that must be applied, and it appears there may be some differences between countries on this. I sense there are a number of enterprising grad students reading this blog, some of whom may be looking for research projects. This might be a good one. What are the different standards of review, and what are the outcomes, in judicial review of AD/CVD measures in domestic courts/tribunals around the world?
Gathering this data could be challenging, as you might have to navigate different languages and different levels of online availability of the decisions. What might help is if WTO rules were adjusted to include a notification/publication requirement for these decisions. There are a lot of contentious issues out there related to trade remedies, but such a change seems like something everyone should be able to get behind.
