Causation in trade remedy actions: problems with the ‘but for’ test

Nedumpara, James J. (2015) Causation in trade remedy actions: problems with the ‘but for’ test. Global Trade and Customs Journal, 10 (11/12). pp. 402-406. ISSN 1569-755X

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Trade policy commentators have advocated the use of the ‘but for’ test in determining causation in trade remedy investigations. While a ‘but for’ or counterfactual analysis has been fairly common in tort and contract cases, it may not be appropriate in the settings of trade remedy actions. Trade remedy actions often include multiple causes and involve longer periods of investigation. Furthermore, the efficacy of ‘but for’ test in conducting nonattribution analysis is ambiguous. The article argues that a typical ‘but for’ analysis is not susceptible for empirical observation and may require complex economic or statistical analysis, which may not be in the interests of all WTO members.

Item Type: Article
Keywords: World Trade Organisation | Trade Policy | Trade
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > International Relations
JGU School/Centre: Jindal Global Law School
Depositing User: Gena Veineithem
Date Deposited: 10 May 2022 11:04
Last Modified: 25 Jul 2023 06:24
Official URL:


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