Substantial Evidence in the Law of International Trade: Meaningful Judicial Review of Antidumping Actions or Perpetuation of the Yo-Yo Effect?

Authors

Bryan A. Edens, Benjamin N. Cardozo School of Law

Abstract

The note argues that the Court of International Trade (CIT) should have the authority to remand agency decisions with specific instructions to reach a judicially determined outcome, particularly in cases involving international trade disputes. This expanded role for the CIT is necessary to prevent unchecked executive discretion, address the inefficiencies of the "yoyo effect" (repeated remands between courts and agencies), and ensure the rule of law in international trade. The note critiques the current deferential standard of review and advocates for a more substantive and less formalistic approach to judicial review, particularly under the substantial evidence standard.

Disciplines

Courts | Evidence | Law

Recommended Citation

Bryan A. Edens, Substantial Evidence in the Law of International Trade: Meaningful Judicial Review of Antidumping Actions or Perpetuation of the Yo-Yo Effect?, 6 Cardozo Pub. L. Pol’y & Ethics J. 431 (2008).
Available at: https://larc.cardozo.yu.edu/cplpej/vol6/iss2/5