The Relationship between WTO Anti-dumbing Law and GATT Non-discrimination Principles

Since the 1970s anti-dumping has gained prominence in international trade law. Not only have anti-dumping measures proliferated but many new anti-dumping users have emerged. In seeking ways to reverse these trends, this study explores the possibility of constraining the use of the anti-dumping instrument, in particular as a de facto safeguard which offers domestic industries contingent protection from international competition. It approaches this objective by examining the relationship between the WTO’s specialised anti-dumping laws and the GATT’s core non-discrimination rules. It concludes that the application of the MFN and Na-tional Treatment disciplines within the anti-dumping context is mandated by WTO law and that such application offers a viable path to advance the anti-dumping law discourse beyond its current understanding.