Domestic Judicial Review of Trade Remedies: Experiences of by Müslüm Yilmaz

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By Müslüm Yilmaz

Exchange treatments, particularly anti-dumping, countervailing measures and safeguards, are probably the most debatable concerns in cutting-edge international buying and selling atmosphere. whilst used, such measures successfully shut the markets of the uploading international locations to pageant from outdoors for a undeniable time period. Exporters which are confronted with such measures can both attempt to persuade their govt to carry a case opposed to the govt. of the uploading state within the WTO or to exploit, themselves, the judicial evaluate mechanism of the uploading kingdom. This moment direction has been, formerly, principally unexamined. family Judicial assessment of alternate treatments is the 1st e-book of its sort to check intimately how the judicial evaluation approach has functioned and considers the stories within the household courts of the twenty-one WTO contributors which are the largest clients of alternate treatments.

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Globe Spring & Cushion Co. : [t]he tribunal is highly specialized and is entitled to significant deference. Only questions related to its jurisdiction are reviewed on a standard of correctness. 74 Therefore, the Court remains and has remained throughout the entire tenure of the CITT, reluctant to interfere with the CITT’s decisions, despite the changes in administrative law and in the SIMA statute itself. 2 Implications (a) Correctness on questions of jurisdiction only As the Court only reviews jurisdictional questions on a standard of correctness, this itself gives rise to queries over what constitutes jurisdictional questions and whether anything before the CITT is jurisdictional.

58–60. , at para. 64. , at para. 54. , at para. 51. 2. canada: high deference, stark reality 21 IV Judicial review of CITT decisions 1 Procedure With the exception of CITT appeal decisions of anti-dumping and/or countervailing duty liability under section 59 of SIMA, which are subject to a formal statutory appeal process discussed in section V below, decisions and determinations made by the CITT are subject to judicial review. 1 Evolution of the standard To understand the current approach to the standard of review applied to CITT decisions, it is important to trace the evolution of their treatment before the Federal Court of Appeal and, in particular, to examine how they fit within that era of administrative law generally.

2. canada: high deference, stark reality 21 IV Judicial review of CITT decisions 1 Procedure With the exception of CITT appeal decisions of anti-dumping and/or countervailing duty liability under section 59 of SIMA, which are subject to a formal statutory appeal process discussed in section V below, decisions and determinations made by the CITT are subject to judicial review. 1 Evolution of the standard To understand the current approach to the standard of review applied to CITT decisions, it is important to trace the evolution of their treatment before the Federal Court of Appeal and, in particular, to examine how they fit within that era of administrative law generally.

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