Analysis of the WTO and GATT precedents on antidumping and identification of innovations in the new WTO dispute settlement procedure

Аннотация

The article analyzes the practice of the WTO dispute resolution body and cases, which were considered
even under the GATT for anti-dumping cases. The result of the analysis is systematization and determination
of the general characteristics of the precedents of the above topics, as well as the definition of
innovation in the new dispute resolution procedure. To put it more clearly, it should be emphasized that
the procedure for settling trade disputes of the WTO Dispute Resolution Body is not entirely new, but has
been in effect since the establishment of the organization, but because of article considers precedents
that preceded the WTO disputes, there was an objective need to make a comparative analysis between
the two procedures on the resolution of trade disputes. The authors distinguish two main innovations,
which, in turn, consist of two elements and are mainly expressed in institutional and operational new
introductions. Undoubtedly, such a reform of the procedure has a positive effect and increases the effectiveness
of measures, which makes the WTO dispute resolution body a more attractive institution for
parties to trade disputes. The features of the anti-dumping precedents are based on the specifics of the
dispute resolution procedure, which is subject to the norms of the code, developed taking into account
the complexities of disputes, the object of which is dumping. Therefore, in determining the general
characteristics, the main categories were the stages of the dispute and already in stages, tendencies were
derived.
Key words: anti-dumping, GATT, WTO, WTO innovations.