A careful analysis of the US - Tyres from China WTO Panel report confirms the non-existence of any theory of causation under the WTO Safeguards Agreement. The Panel leaves a margin of discretion to the national investigating authorities to assess causation between imports and injury to the domestic industry. To develop a theory of causation, the author suggests applying the conditio sine qua non theory on causation under the WTO Safeguards Agreement, because it will facilitate the assessment of causation before the WTO panels and the national authorities.
Global Trade and Customs Journal