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| Author: | Hutton, S. Treblicock, M. |
| Title: | An empirical study of the application of Canadian antidumping laws: a search for normative rationales |
| Journal: | Journal of World Trade Law
1990 : JUN, VOL. 24:3, p. 123-146 |
| Index terms: | DUMPING CANADA TRADE LAW TRADE BARRIERS TRADE RESTRICTION |
| Language: | eng |
| Abstract: | Antidumping legislation of Canada is reviewed. The following three normative frameworks as potential justifications for "unfair trade" laws are identified: economic efficiency or utilitarianism, distributive justice as developed by Rawls and communitarianism. None of the 30 cases in which antidumping duties were imposed could be justified on the grounds of predation. 13 of the 30 cases were supported by the rationales of distributive justice or communitarism. The majority of cases ended up helping workers and communities which are already better off than most in Canada. Those few cases which involved disadvantaged workers, could have been more efficiently dealt with specifically designed programs such as retraining, relocation assistance etc. |
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