Contingent Protectionism in International Trade.

AuthorKessler, Jeffrey
PositionBook review

Contingent Protectionism in International Trade, Edited By Kyle W. Bagwell, George A. Berman, and Petros C. Mavroidis, Cambridge University Press, 2010. ($95).

"Contingent protectionism" refers to the practice of using protectionist policy levers (like duties on foreign imports) when certain triggering events take place. Perhaps surprisingly, the World Trade Organization treaties explicitly allow the contracting parties (i.e., member states) to practice contingent protectionism. This is surprising because the WTO's stated fundamental purpose is to facilitate the "progressive liberalization" of international trade, which would entail the elimination of protectionist policy levers. (1)In other words, the WTO facilitates contingent protectionism, even though it apparently runs counter to the organization's central mission. This tension invites several deep and complex questions: Why does the WTO allow contingent protectionism at all? What are its benefits, if any, and do they outweigh its costs? How should the WTO laws governing contingent protectionism be reformed?

The new book, Law and Economics of Contingent Protection in International Trade, is a useful tool for anyone endeavoring to answer these questions. Born out of a graduate seminar at Columbia University, this book is the third in a series on international trade edited by Kyle Bagwell, George Bermann, and Petros Mavroidis, professors at the forefront of the law and economics of international trade. The book presents twenty-two articles written by twenty-three luminaries in the field who represent a variety of professional and ideological backgrounds. The authors include distinguished economists, law professors and lawyers; academics, government officials and private practitioners.

For a work that presents so many different perspectives, this book is remarkably coherent and digestible. It is organized into three main sections, each corresponding to a different variety of contingent protectionism. The first section deals with countervailing duties, which Contracting Parties (i.e. states which are WTO signatories) may impose on imports from countries which (allegedly) unfairly subsidize their exports. The WTO law on countervailing duties is governed by the Treaty on Subsidies and Countervailing Measures. The second section deals with antidumping duties, which Contracting Parties may impose on imports which are (allegedly) priced unfairly low. The law on antidumping duties is governed by...

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