Traders Beware: The Obligation to Publish Trade Measures before Enforcement and Its Treatment in the Dispute 'United States-Countervailing and Anti-Dumping Measures on Certain Products from China'

摘要

In its decision, the Appellate Body has emphasized the importance of GATT Article X: 2 as a tool of the system to ensure transparency and protect traders' expectations regarding the publication and implementation of certain measures. The definition of the baseline to determine whether a new measure has become more onerous is crucial because it allows to establish precisely the scope of possible expectations. Therefore, the establishment of this baseline based on the published legislation, as highlighted by the Appellate Body, is apparently the most appropriate means to objectively ensure compliance with Article X: 2. The following table illustrates the findings on the different baselines depending on the specific situation being confronted: Identification of the baseline in Article X: 2 of the GATT.