WTO INCONSISTENCIES IN PAKISTAN'S ANTI-DUMPING DUTIES ACT, 2015: A LEGISLATIVE REFORM ANALYSIS OF SECTIONS 5, 15, AND 58

Abstract

Pakistan enacted Anti-Dumping Duties Act, 2015 (henceforth, will be called ADA, 2015) to give domestic effect to the WTO Agreement on Implementation of Article VI of GATT 1994 (henceforth, will be called WTO Anti-dumping Act).  However, there are some structural and procedural gaps especially in its Sections 5, 15, and 58, which may render it inconsistent with Pakistan's multilateral commitments. These inconsistencies were confirmed by the World Trade Organization Panel Report in Pakistan – Certain Paper Products (WT/DS538/R, 2021). The Panel found violations of ADA, 2015 especially in Articles 2.1, 3.1, 3.2, 3.4, 11.3, and 11.4. This article examines the specific textual and structural deficiencies in each provision, cross-references it with applicable WTO jurisprudence. It also proposes precise legislative amendment to bring Pakistan's domestic law in compliance with WTO