Even though legislation authorising anti-dumping and countervail action has been on Pakistan’s statute books since 1983, Pakistan’s experience with the use of trade defence instruments is a fairly recent one, going back no further than 2002. When viewed from the perspective of domestic judicial review, this experience is nonetheless an eventful one. And it is this very experience that is the subject of the present chapter.
The discussion begins with this introductory section, which explains the background to the promulgation of Pakistan’s trade defence laws and the mechanism for the administration of these laws. The next section explores the experience with the domestic judicial review process, describing the Appellate Tribunal constituted for the purpose of adjudicating trade remedy cases, its limited availability and, in the absence of the Tribunal, the interventions by the superior courts in response to petitions by the aggrieved party as a part of the country’s normal judicial process.
Our concluding section draws applicable lessons from the experience with the domestic judicial review process.