Are the EU’s Trade Defence Instruments WTO Compliant?

This contribution provides a critical analysis of the law and practice of the European Union’s trade defence instruments in light of the European Union’s World Trade Organization obligations. It finds important shortcomings notably in the application by the European Union of its anti-dumping and anti-subsidy instruments and, to a lesser extent, the safeguard instrument. The aggressive use by the European Union of its trade defence arsenal seems fueled by its inability to address perceived trade irritants such as export restrictions and market access problems of some trading partners more directly. However, if the past is any guide, it is just a question of time before World Trade Organization litigation puts an end to such ‘détournement de pouvoir’ of trade defence instruments.