A Study On Antidumping Rules And Practices Under Economic Globalization

Antidumping Agreement is an important part of WTO multilateral rules on trade of goods and of WTO legal framework.During the progress of economic globalization and liberalization of trade,antidumping also takes on some new characteristics which are different from those of traditional antidumping Antidumping is not only one protective measure aiming to resist unfair competition ineconomy,but a strategic tool of serving the state'S economic interests.Under WTO regime,China'S exports have been frequently targeted byantidumping.Since the reform and opening—up in the late 1970'S,China has knownlittle about the whole set of antidumping system in international trade and foreigncountries have adopted unfair antidumping policy to China,thus China became thebiggest victim of international antidumping.Because of China'S commitment on theissue relating to antidumping,within 15 years after its entry into WTO,China is applied special non-market economy rule which is different from those of other WTO members.China'S entering into WTO doesn't change the passive situation that China faces in responding to foreign countries'antidumping investigations. Under WTO regime,China also faces the challenge of using antidumping rules to protect domestic industry.After its entering into WTO,China faces more and moreimport pressure and foreign countries'unfair trade.In import trade,China can only utilize market economy methods and the means permitted by WTO for regulation and domestic industry can only seek protection under this framework.Antidumping is believed to be the first choice for the businesses to seek governmental protection,and when facing unfair price competition from the imported products,China S industry should protect themselves by resorting to antidumping means.The reason that the author chooses"a study on antidumping rules and practices under economic globalization"as the title of the doctorate article is to combine the text interpretation of Antidumping Agreement with the。judicial interpretation of dispute settlement reports on antidumping in order to explore deeply into this complex legal system,and on the basis of it,the author studies how China'S industry respond to antidumping investigation initiated by foreign countries,how to further improve China'S antidumping system as well as how to legally utilize antidumpingto protect domestic industries The article is divided into seven chapters.Chapter one is"the background of antidumping issue:economic globalization and liberalization of trade".Firstly,the author analyzes the new characteristics of the antidumping under WTO system and the main reasons for the seriousness of the antidumping issue.The new characteristics are:the number of antidumping cases are on the rise;the number of the initiating states is on the rise;the number of the cases initiated by developing countries is on the rise;the countries(regions)that are investigated for antidumping are centralized;the involved products are focused on those which are of big contradiction in international trade;and the antidumping measures becomes tougher.The main reasons are:antidumping is widely utilized by most countries for its own merits;antidumping becomes a strategic tool serving the state'S economic interests as well as its application by domestic special interest group.Secondly,the author examines the historical development of the WTO antidumping act and believes that the WTO Antidumping Agreement is the outcome of all negotiating members'compromisewhich is based on different countries'economic and politic power,but it is mainly the reflection of the developed countries'wills.At the same time,Antidumping Agreement is the model of international antidumping legislation and it has far—reaching influence on the guidance of each country'S antidumping legislation and practice as well as the development of international trade.Lastly,the author analyzes the different opinions on antidumping and liberalization of trade,and concludes that the legislation and application of anti...