4 Chi J Intl L 265
Lee D. Hamilton

This Development examines the level of deference afforded to the United States Department of Commerce’s domestic implementation of the GATT–1994 Antidumping Agreement by the World Trade Organization’s Dispute Settlement Boards (“DSBs”). The Development argues that the DSBs are applying a non-deferential standard, substituting their own interpretation of the agreements for that of the member nations. The Development concludes by suggesting that a fair reading of the Antidumping Agreement, which speaks of more than one “permissible” interpretation, may require a more deferential standard, and that a more deferential standard of review would be preferable because it would acknowledge the validity of the varied approaches that member nations may use when enacting and interpreting the Antidumping Agreement.