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Anti-dumping is one of the most controversial subjects in international trade.2 The use of anti-dumping laws, designed to offset the effect of imports that are deemed to be sold below “normal” value, has proliferated in the last few decades. In 1958, contracting parties of the General Agreement on Tariffs and Trade (“GATT”) had only thirty-seven anti- dumping measures in force, South Africa alone accounting for twenty-two.3 By contrast, more than sixteen hundred investigations were launched in the 1980s,4 and between
1995 and 2003, members of the World Trade Organization (“WTO”) initiated almost two thousand five hundred investigations and imposed more than fifteen hundred anti- dumping measures.5 As of July 2004, eighteen cases—almost a quarter of all decided cases—involving anti-dumping issues had been the subject of panel and/or Appellate Body reports in the WTO dispute settlement system (ten of these cases were brought against the United States, two against the EC, and six against developing countries).
There has also been a dramatic increase in the number of countries using anti-dumping laws. Once the preserve of the developed world, anti-dumping laws are now being used by an increasing number of developing countries. Thus, between 1980 and 1989, around
95 percent of all anti-dumping measures were imposed by Australia, Canada, the EC, and the United States, and only about two percent by developing countries.6 Between
1995 and 2003, by contrast, developing countries imposed more than half of the total number of measures.7 As of October, 2003, 75 WTO members had reported that they had anti-dumping legislation on their books, and 41 had reported that they had imposed anti-dumping measures
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