The general theory of the natural course of world trade: Special circumstances to initiate trade remedy investigations

Via the Vienna Convention on the Law of Treaties, this article proposes a definition of the "special circumstances" that sanction authorities to self-initiate trade remedy proceedings. In effect, it is a global theory which seeks to solve authorities' inability to self-detect unfair trading practices – without a complaint of the domestic industry. This inability likely restrains trade remedies' potential as a finer, more fruitful alternative for the indiscriminate imposition of bulk-tariffs – visible in the Sino-American trade war. Arguably, the "special circumstances" occur when the pace of country-specific import significantly exceeds the pace of the worldwide import, through significant price undercutting which stems from transnational price discrimination rather than a cost-efficient industry. To ascertain whether or not an absence of price discrimination is due to a particular market situation, the general theory introduces a new criterion. This criterion provides the first definition of "sales in the ordinary course of trade", wholly derived from Article 2.2 of the WTO Anti-dumping Agreement.