Decision of the Appellate Body in two cases has raised the issue whether antidumping measures should be applied on MFN basis. One view is that it should be. Another view is that it need not be. Author supports the idea that it need not be but on arguments different from what is given by other writers. Author contends that interpretation of Article VI and Antidumping Agreement do not support the idea of application of antidumping measures on MFN basis.
HowseRobert. (2007). From politics to technocracy—and back again: The fate of the multilateral trading regime in Robert Howse. In The WTO system: Law politics and legitimacy. London: CameronMay.
2.
JenksWilfred. (1953). Conflict of law-making treaties. British Yearbook of International Law, (30), 401.
3.
MahnckeHans. (2014). Applying the MFN principle to WTO antidumping law: An opportunity for curbing the use of antidumping measures. Legal Issues of Economic Integration, 41(2), 69–192.
4.
MontagutiElisabettaLugardMaurits. (2000). The GATT 1994 and other Annex 1A agreements: Four different relationships. Journal of International Economic Law, 3(3), 473–484.
5.
PauwelynJoost. (2003). Conflict of norms in public international law. Cambridge: Cambridge University Press.
6.
QureshiAsif H. (2006). Interpreting WTO agreements (pp. 179–180). Cambridge: Cambridge University Press.
7.
RaiPromod Kumar. (2011). Anti-dumping measures in India: A user manual. Delhi: Books Corporation.
8.
RovnovYuri. (2015). The relationship between the MFN principle and antidumping norms of the WTO law revisited. Journal of World Trade, 49(1), 173–198.
