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Applying the MFN Principle to WTO Anti-dumping Law: An Opportunity for Curbing the Use of Anti-dumping Measures

Since the 1970s anti-dumping has gained prominence in international trade law. Not only have anti-dumping measures proliferated but many new anti-dumping users have emerged, including developing countries. However, the limited negotiating mandate of the WTO's Doha Round indicates that anti-dumping law will remain unchanged for years to come. In seeking ways to reverse these trends, this study explores the possibility of constraining the use of the anti-dumping instrument through existing laws. It approaches this objective by examining the relationship between the WTO's specialized anti-dumping laws and the GATT's core non-discrimination rule, the MFN principle. It concludes that the application of the MFN discipline within the anti-dumping context is mandated by WTO law and that such application offers a viable path to advance the anti-dumping law discourse beyond its traditional understanding.  