ABSTRACT

In international law, different terms have been used to describe the relationship that should be found between the wrongful act and the injury. In trade remedies, injury is the evidence of the economic damage caused by the act. It is the proof that the interest of the State that is indirectly protected by the relevant World Trade Organization (WTO) agreements has been affected. The non-mandatory principle in the use of trade remedies is also contained in relevant WTO agreements. The widespread use of trade remedies has political and economic motivations. From an economic point of view trade remedies increase the price of foreign goods and offer protection to domestic industries. In particular, anti-dumping measures have been supported by economic motivations in only a few circumstances. Safeguards are different and do not follow a similar approach to the Anti-dumping Agreement and Subsidies and Countervailing Measures Agreement by linking the proportionality of the reaction to the undesirable fact.