Institutional mechanisms for resolution of trade remedies disputes under the East African Community Customs Union and by member states

Abstract

Trade remedies were introduced by the World Trade Organization to address unfair trade practices caused by dumping and prohibited subsidies and to restrict import surges brought about by international trade. Trade remedies take the form of anti-dumping measures, countervailing measures and safeguard measures. Trade remedies have been regulated by the East African Community and member states in almost similar terms as those of the World Trade Organization’s rules on trade remedies. Significant to this paper is how trade remedies disputes are dealt with by the East African Community as a regional economic community established within the realms of the World Trade Organization and by EAC member states, who with the exclusion of South Sudan are members to the World Trade Organization. The East African Community laws and member states’ legislations allow for the creation of institutions to resolve trade remedies disputes. While no trade remedy dispute has been instituted under these two regimes, the existing legal framework forms the basis for discussions in this paper. This paper therefore analyses the institutional mechanism for resolution of trade remedies disputes under the East African Community and domestically, by member states.