Global Trade and Customs Journal
Volume 10, Issue 11/12 (2015) pp. 402 – 406

https://doi.org/10.54648/gtcj2015048

Abstract

Trade policy commentators have advocated the use of the ‘but for’ test in determining causation in trade remedy investigations. While a ‘but for’ or counterfactual analysis has been fairly common in tort and contract cases, it may not be appropriate in the settings of trade remedy actions. Trade remedy actions often include multiple causes and involve longer periods of investigation. Furthermore, the efficacy of ‘but for’ test in conducting nonattribution analysis is ambiguous. The article argues that a typical ‘but for’ analysis is not susceptible for empirical observation and may require complex economic or statistical analysis, which may not be in the interests of all WTO members.

Extract

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