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" ... The justification for the exception under Article 2.4.2 is, presumably, that that comparison methodology allows the authorities to home in on targeted dumping, which may be revealed by patterns of price differences among purchasers, regions or time periods. Some have argued that zeroing must be permissible under the exceptional method because otherwise its prohibition would yield results identical to those obtained under the weighted average-to-weighted average method. This "mathematical equivalence" argument, as it is called, holds that there would be no practical reason for the exception to exist if zeroing were precluded, and that would then violate the rules of effective treaty interpretation by rendering the exception inutile. ... "
" ... With Bali a direct hit on that unwieldy concept, WTO negotiators are free to take up Doha Round issues in other, more manageable fora, liberating governments to pursue global trade barrier reduction in myriad new ways. Why not have a series of mini-rounds and pursue fewer issues at a time by matching negotiations on, say, agricultural and industrial liberalization? Or by matching talks on services with talks on rules, like antidumping? Yes, there need to be adequate trade offs in a world of reciprocity-based trade agreements, but the notion that everything needs to be on the table to accomplish those trade offs has been rendered quaint, if not inutile, by the changing composition and interests of the WTO membership. If particular governments are the problem, why not pursue more plurilateral deals? Why not establish a mechanism in the WTO through which demonstrably successful provisions from the universe of existing and brewing bilateral and regional agreements can be adopted as best practices by taking up these issues and voting on an annual basis? These approaches could facilitate liberalization and give the WTO new credibility. ... "