Most of the potential complications and outcomes outlined above were not considered by the US Congress and other WTO members, which previously considered only conventional businesses competing among themselves when drafting AD and CVD laws.
Yet they are exactly the types of issues that can arise as more businesses make commercial decisions based on the interests of multiple stakeholders, instead of only shareholders. To promote legal consistency and maintain fairness in the international trading system, WTO member countries should act jointly by adapting agreements to consider the growing stakeholder-capitalism model.
Until then, parties will need carefully to construct their arguments when a benefit corporation or stakeholder-capitalism business is involved in either side of an international trade case in the US.
As businesses increasingly adapt their models to a new stakeholder-capitalism approach and seek to add value through benefit corporation registration and similar certifications, they should be careful to craft trade law arguments that support their approach and protect their vulnerabilities. Preventative actions can help these companies continue to compete successfully amid cross-border trade and "do good while doing well."
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