Disfavored Nations: Anti‐Dumping at the WTO

The proliferation of A nti‐ D umping actions may be explained by the M ost F avored N ation rule of safeguards, the advantages of unilateral retaliatory measures as an alternative to formal dispute resolution, and the exercising of discipline in a risk‐sharing agreement. Use of unilateralism is attractive to developing members that are constrained by legal capacity. The expression of the A nti‐ D umping A greement appears to be a hybrid of rules and standards. However, a lack of interpretive guidance from the WTO and the opportunities for discretion in the implementation of rules render them standards in a shroud of rules. This is due to the presence of large proxy spaces, or the domestic investigative authority being substantially the arbiter of satisfaction with the agreement.