"Rules" outcomes on fisheries, trade remedies remain elusive ahead of Nairobi ministerial

The past year has seen a resurgence of activity in the WTO’s “rules negotiations,” as various members of the global trade body revived debates on how to boost disciplines relating to anti-dumping duties, subsidies and countervailing measures, fisheries subsidies, and regional trade agreements (RTAs). With just days to go before the start of the organisation’s Tenth Ministerial Conference in Nairobi, Kenya, whether this increased engagement will translate into concrete outcomes – and of what value – remains extremely uncertain. As part of the broader global trade round launched in Doha, Qatar, in 2001, WTO members have been attempting to negotiate clarifications and improvements in disciplines involving the above-mentioned areas, given the increased use of anti-dumping and countervailing measures, as well as the problems facing global fish stocks and the rapid proliferation of RTAs. “Dumping,” in trade jargon, refers to a situation where a product is sold abroad for less than on its home market or below cost of production. The General Agreement on Tariffs and Trade (GATT)’s Article VI and the related Anti-Dumping (AD) Agreement allow a WTO member to apply import duties on another member when dumping is proven to injure a domestic industry. These rules give basic guidance...