The Use of Antidumping Agreement of the WTO and Legal Capacity of Developing Countries

Abstract

As the Doha Round is in stalemate for over a decade, the issue of developing country Members has become even more controversial. This paper analyzes the practical problems that developing countries face with by centering the legal disputes, and thus suggests ways to further embrace developing countries into the world trade system. This paper categorizes the main issues arising from legal disputes within the WTO involving developing countries into procedural and substantial issues. As a result of analyzing the disputes regarding Article 2, 3 and 6, which are the most commonly arising issues, it is found that developing countries, compared with advanced countries, face difficulties with basic and fundamental requirements of Antidumping Agreement, including injury determination and evidence. This paper analyzes the representative cases involving developing countries and finds the causes of the problem as not only insufficient infrastructure and human resources but also lack of domestic law in comparison to WTO Antidumping Agreement, judicial review or implementation system. As a way to solve the problem, this paper suggests activating the existent program such as Aid for Trade to improve opportunities for more legal advisory to developing countries.