• Title/Summary/Keyword: stare decisis

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A Study on Effect and Legitimacy of Zeroing on the WTO Anti-dumping Agreement - Focusing on US-Orange Juice case - (WTO 반덤핑협정하의 제로잉 효과와 적법성 - 미국-오렌지주스 사건을 중심으로 -)

  • Kim, Cheol-Soo;Ha, Choong-Lyung
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.465-486
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    • 2014
  • This paper intends to analyse some legal issues on US-Orange Juice Case. Brazil's WTO challenge is to the methods undertaken by US in calculating antidumping duties in administrative reviews of Brazilian Orange Juice. Panel resulted that conforms with earlier Appellate Body decision outlawing the use of 'weighted average to transaction zeroing. This paper note that panel's stance was driven from 'stability and predictability' within the DSB system. There was a de facto form of stare decisis. However, Panel in US-Orange Juice recognized that Appellate Body decision is wrong about finding zeroing to be violation of the fair comparison requirement of the Article 2.4 of the WTO Anti-Dumping agreement. Zeroing dispute of WTO Anti-Dumping Agreement will be continued that because this matter. Fortunately, the American government announced it would be stop zeroing system of administrative reviews. As result, Carefully, We anticipate that US-Orange Juice's decision is the end of zeroing method on the WTO Anti-Dumping Agreement.

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