TY  - JOUR
AU  - Irwin,Douglas A.
TI  - Causing Problems? The WTO Review of Causation and Injury Attribution in U.S. Section 201 Cases
JF  - National Bureau of Economic Research Working Paper Series
VL  - No. 9815
PY  - 2003
Y2  - July 2003
UR  - http://www.nber.org/papers/w9815
L1  - http://www.nber.org/papers/w9815.pdf
N1  - Author contact info:
Douglas A. Irwin
Department of Economics
Dartmouth College
Hanover, NH  03755
Tel: 603/646-2942
Fax: 603/646-2122
E-Mail: douglas.irwin@dartmouth.edu
AB  - U.S. safeguard actions have run into problems with the WTO's Panel and Appellate Body reviews for failing to ensure that injury caused by non-import factors is not attributed to imports. This paper reviews the subtle legal and economic differences between U.S. trade law (Section 201) and the WTO's Agreement on Safeguards on the non-attribution issue. The paper then resurrects the Kelly (1988) method of attributing injury to various factors as a potential method by which the ITC can ensure that future decisions conform with the Safeguards Agreement. The method is shown to yield results that are consistent with recent ITC safeguard decisions.
ER  -