Climate Concerns and Antidumping Law: Where is the Space for the Climate Argument?

This paper identifies some of the problems of ensuring protection of the climate as well as fair competition in World Trade Organization antidumping law. A product is dumped when the export price is lower than the price charged by the exporter on the domestic market. If the dumped prices cause or threaten to cause injury to the industry in the importing state, the importing state may impose antidumping duties on the dumped products. The paper claims that antidumping law does not provide a legal basis to protect industries in the importing state that are under stricter climate requirements than the producer in the exporting state. It is additionally questionable whether exceptions in GATT 1994 can apply to antidumping cases. On the other side of the coin, WTO antidumping law can also be an obstacle to trade in green goods.