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We first discuss what fairness may mean in the context of the dispute settlement process, noting the crucial relation between fairness in dispute settlement and the functioning of the trading system as a whole. We explore this relation further through an analysis of three main groups of dispute settlement cases. These are cases that turn around the question of defining fair competition; cases that arise from the use of contingency measures; and cases that draw the boundaries between domestic regulatory measures and the trade-related norms and rules of the WTO. There follows an analysis of experience with compliance and with the use of countermeasures in various cases. Finally, taking together the rulings of the Dispute Settlement Body and the procedures for compliance and the use of countermeasures, we conclude that while the present dispute settlement process serves to protect the fairness of the trading system as a whole, there are some aspects of dispute settlement that remain problematic from the standpoint of fairness.

The purpose of this paper is to review the use of zeroing in the weighted average-to-transaction (W-T) comparison methodology and targeted dumping under the anti-dumping agreement by reviewing the WTO appellate body’s rulings on the use of zeroing in the W-T comparison methodology in the USA – anti-dumping measures on large residential washers from Korea (DS464). Although the appellate body has ruled that the use of zeroing would not be allowed in the weighted-average-to-weighted-average comparison methodology nor in the transaction-to-transaction comparison methodology, it has not ruled on whether the use of zeroing is allowed in the W-T comparison methodology prior to the instant case.

This paper mainly analyzes the WTO appellate body report on the USA – anti-dumping and countervailing measures on large residential washers from Korea’s rulings (DS464) and reviews other WTO appellate body reports on the use of zeroing in anti-dumping measures. This paper reviews the relevant provisions of the WTO anti-dumping agreement and the US Anti-Dumping Act, and also referred prior papers on the use of zeroing.

The appellate body upheld the panel’s finding that the USA’s use of zeroing in the W-T comparison methodology is inconsistent with Article 2.4.2 of the anti-dumping agreement. As zeroing inflates dumping margins, increases the amount of duty collected, and hinders the expansion of trade in goods. The use of zeroing should be prohibited or permitted only in very limited circumstances.

Zeroing, which has been the subject of many WTO disputes between the USA and foreign governments, causes dumped sales to be masked by fair value. The WTO appellate body has consistently condemned the US practice of zeroing over the past decade as an unfair commerce practice. The instant case and this paper will help to stop the practice of zeroing in anti-dumping measures.

The text of Article 2.4.2 does not clearly prohibit the use of zeroing. The paper reviews the WTO appellate body’s rulings on the use of zeroing in the W-T comparison methodology in the USA – anti-dumping measures on large residential washers from Korea (DS464). The appellate body report was very recently circulated, on September 9, 2016. The appellate body has not ruled on whether the use of zeroing is allowed in the W-T comparison methodology prior to the instant case. This paper, first, concludes that the W-T comparison methodology is inconsistent with Article 2.4.2 of the anti-dumping agreement.

Defines dumping as the sale of goods onto the market of an importing country at less than their normal value on the domestic market, and explains the economic rationale behind dumping. Reviews the origin of anti‐dumping laws, and the objectives of applying anti‐dumping duty legislation to non‐market economy countries, with reference to European Union (EU) anti‐dumping measures against China; the latter is still viewed as a non‐market economy. Indicates the impact of the EU anti‐dumping campaign on Chinese industries and legal strategies for challenging the EU anti‐dumping campaign. Concludes that the campaign is unfair and should now recognise the progress of economic reform in China, which since 2001 is a member of the World Trade Organization.

This study aims to find the impact of the trade war between the USA and China on Asian economies. Apart from macroeconomic variables associated with trade, this study explicitly creates a trade war scenario and trade war participant dummies. Using the neural network multilayer perceptron, this study checks for the causal linkages between the predictors and target output for the panel of Asian economies and the USA.

A conceptual model of the after effects of trade war in a quadrant is developed. Variables related to trade and tariffs are included in the study for a panel of 19 Asian economies. The feedforward structure of neural network analysis is used to identify strong and weak predictors of trade war.

The hidden layers of the multilayer perceptron reveal the inconsistency in linkages for the predictors’ services exports, tariff measures, anti-dumping measures, trade war scenario dummy with gross domestic product. The findings suggest that to curtail the impact of the trade war on Asian economies, predictors with neural evidence must be paid due weightage in policy determination and trade agreements.

The study applies a novel and little explored AI/ML technique of Neural Network analysis with training of 70% observations. The paper will provide opportunity for other researchers to explore techniques of AI/ML in trade studies.

The purpose of this paper is to examine zeroing jurisprudence under the WTO’s Anti-Dumping Agreement and to see if the jurisprudence can still be applied to situations of targeted dumping where dumping takes place in a specific region, at specific timing, or for specific consumer groups.

This paper examines the prior decisions of the WTO panels and the Appellate Body relating to the zeroing practice. It categorizes the key elements of these prior decisions where the zeroing practice has been found WTO-inconsistent. While there has been no specific dispute addressing targeted dumping per se, this paper proves that core elements of the zeroing practice have been anatomized and dissected by the panels and the Appellate Body in prior proceedings. The paper then analyzes whether these key elements still exist in the specific context of targeted dumping and thus whether application of zeroing is still prohibited in targeted dumping situations.

The existing jurisprudence on zeroing from previous WTO disputes should apply to targeted dumping situations as well. Unbridled application of zeroing in the targeted dumping situations will effectively nullify the existing zeroing jurisprudence accumulated through a decade of WTO disputes. If unchecked, this calculation methodology in the context of targeted dumping may open the back door wide open for “zeroing” negative anti-dumping margins. The paper concludes that the existing jurisprudence on zeroing stands for the proposition that zeroing in targeted dumping should also be prohibited.

This paper examines the legality of the zeroing practice in targeted dumping situations, which has been one of the most controversial issues among WTO members for the past several years. The analyses and discussions contained in this paper will provide legal guideline to evaluate zeroing in targeted dumping within the WTO framework. The outcome of the research will provide a platform for continued research and discussion in this area.

In WTO proceedings The Dispute Settlement Body has generally adopted a standard of review that is less than deferential even in the Anti‐Dumping agreement which envisages a deferential standard of review. What should be the applicable standard of review in WTO proceedings? The purpose of this paper is to present an analysis of the concept of “deference as respect” as developed by David Dyzenhaus and discuss its application to the WTO. This paper argues that the WTO should apply a standard of “deference as respect” in the interest of preserving economic sovereignty and the legitimacy of the WTO.

The paper involves the analysis of relevant case law and also the analysis and application of the concept of “deference as respect” in WTO proceedings. It also uses a comparative methodology in that it highlights the application of domestic legal principles at the international level.

The main finding is that within the WTO there is need to balance the requirements of trade liberalisation which eschews protectionism and the requirements of sovereignty and legitimacy. This balance can partly be achieved when a standard of review akin to “deference as respect” is applied.

This paper is different from previous writings on WTO standard of review in that it applies the concept of “deference as respect”. This analysis and application will provide academics and members of the DSB with a new way of assessing the standard of review in the WTO.

African Economies are a mix of emerging and developing economies, characterised by regional imbalances and socio-economic differences. Foreign Direct Investment and Trade has been important for the growth prospects of African Economies. In this paper, we attempt to study the impact of FDI and Trade in a COVID-19 scenario on the African Economies. We also study the lockdown restrictions in different regions of Africa. Applying Neural Network Analysis for the sample of 36 African Economies we identify the significant economic variables for GDP. The analysis based on a feedforward structure suggests that Merchandize Exports (MEXP) and Foreign Direct Investment Stock (FDIS) have very strong causal linkages with the GDP for African Economies sample. On the other hand, Merchandise Imports (MIMP), Services Exports (SEMP), Services Imports (SIMP), and Foreign Direct Investment Inflows (FDII) have a strong and significant relationship with GDP for the African Economies. Tariff Measures (TRFF), Anti-Dumping measures (ADP) and Foreign Direct Investment Outflows (FDIO) have no significant relationship.

World Trade Organisation grants rights to its members, and WTO Dispute Settlement Understanding (DSU) provides a rule-oriented consultative and judicial mechanism to protect these rights in cases of WTO-incompatible trade infringements. However, the DSU participation benefits come at a cost. These costs are acutely formidable for least developing countries (LDCs) which have small market size and trading stakes. No LDC has ever filed a WTO compliant, with the only exception of India-Battery dispute filed by Bangladesh against India. This paper aims to look at the experience of how Bangladesh – so far the only LDC member that has filed a formal WTO complaint – persuaded India to withdraw anti-dumping duties India had imposed on the import of acid battery from Bangladesh.

The investigation is grounded on practically informed findings gathered through authors’ work experience and several semi-structured interviews and discussions which the authors have conducted with government representatives from Bangladesh, government and industry representatives from other developing countries, trade lawyers and officials based in Geneva and Brussels, and civil society organisations.

The discussion provides a sound indication of the participation impediments that LDCs can face at WTO DSU and the ways in which such challenges can be overcome with the help of resources available at the domestic level. It also exemplifies how domestic laws and practices can respond to international legal instruments and impact the performance of an LDC at an international adjudicatory forum.

Except one book chapter and a working paper, there is no literature available on this matter. This investigation is grounded on practically informed findings gathered with the help of original empirical research conducted by the authors.

Purpose – To provide a select perspective from India in terms of its Civil Services, leadership, and its unique challenges.

Design/Methodology/Approach – This chapter features an interview with L. V. Saptharishi, Additional Secretary to the Ministry of Commerce & Industry, Government of India. The interview was conducted under the aegis of the GLOBE project (Global Leadership and Organizational Behaviour Effectiveness Research Programme).

Findings – Being a developing country and an emerging economic power, India has a set of unique challenges in the form of setting up agile organizational systems, policy formulation, and implementation. The new approach that has emerged is debureaucratizing the institutions, improving quality, market focus, and value addition.

Research limitations/Implications – This is not an exhaustive chapter as it is based on a single interview.

Practical implications – This is a unique piece as it focuses on the unique experiences of an important bureaucrat from India.

Originality/Value – This chapter is helpful for academicians and practitioners alike to understand the business- and leadership-related issues in India, particularly from a bureaucrat's point of view. This is an original piece of work.

The creation of the Single Market is changing the direction of trade in the European Union (EU) as member countries become more closely integrated. This has major implications for trade with the rest of the world and thus the evolution of EU trade policy. Presents empirical evidence to show that the EU became more protectionist during the 1980s, particularly in the sphere of non‐tariff barriers. Discusses a detailed analysis of the factors presently shaping EU trading policy and assesses whether a “fortress Europe” will develop.