Author: Leonor Augusta Giovine Cordovil

Abstract:

The objective of this paper is to highlight the importance of considering the public interest in antidumping investigations, an analysis that cannot be carried out without the prior definition of criteria to be used by all WTO Members, thus avoiding discriminatory application. If the definition of the public interest is to be mandatory, as appears to be the outcome sought by WTO Members in the current state of negotiations, it is essential that clear parameters be defined, which must be followed by all Members. Otherwise, the pursuit of the public interest may further increase the uncertainty and unpredictability surrounding antidumping investigations, discouraging stakeholders from contributing to the search for the truth and the best solution for each country’s domestic context.