Implementing effective trade remedy mechanisms : a critical analysis of Nigeria's Anti-Dumping and Countervailing Bill, 2010

Abstract

Anti-dumping duties, safeguards and countervailing duties are collectively, within the context of the WTO, referred to as „trade remedies.‟ More specifically, the imposition of anti-dumping duties is a remedial measure for dealing with imports that cause or threatens to cause injury to local producers. Under the WTO framework, Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on the Implementation of the General Agreement on Tariffs and Trade 1994 provides the rules for applying anti-dumping duties by member countries. Nigeria has been a member of the WTO since 1995 and can only apply anti-dumping duties provided it adheres to the rules governing anti-dumping. The purpose of this study is to ascertain whether the proposed Anti-dumping and Countervailing Bill, 2010 is consistent with WTO jurisprudence on anti-dumping. This study also highlights landmark developments in South Africa‟s anti-dumping system with a view to providing direction to Nigeria in order for its proposed national legislation on anti-dumping to be WTO compliant.