The Need for an International Trade Tribunal
Authors Gustav Brink, Corlia van Heerden
Affiliations: Extraordinary Lecturer in Mercantile Law, University of Pretoria; Professor in Mercantile Law, University of Pretoria
Source: South African Law Journal, Volume 133 Issue 2, 2016, p. 409 – 433
South Africa has both a National Consumer Commission and a National Consumer Tribunal. It also has both a Competition Commission and a Competition Tribunal. The courts have pleaded for a Customs Tribunal to be created to address challenges against findings related to customs matters. However, there is currently an International Trade Administration Commission, but no International Trade Tribunal. This article considers the significant interaction between competition law and international trade law, specifically anti-dumping law, including the use of like wording in the Competition Act and the International Trade Administration Act. Through an exposition of the procedures applied by both the Competition Commission and the International Trade Administration Commission, the article considers the importance of the Competition Tribunal and proposes that an International Trade Tribunal should be created to review and hear appeals against decisions of the Trade Commission, in line with South Africa’s obligations under the World Trade Organization’s Anti-Dumping Agreement.