Font Size: a A A

Study On The Rules Of The Anti-circumvention

Posted on:2009-04-25Degree:DoctorType:Dissertation
Country:ChinaCandidate:L Q HouFull Text:PDF
GTID:1116360278966422Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent years, with the development of international trade and the number of cases about circumvention of Chinese enterprises having increased year by year, they have been facing the growing pressure in the international competition and can even be expelled from the international market. In such an international context, the problems ,for example the definition of face tough challenges and in-depth study of the dumping and anti-circumvention , are particularly urgent and important. In order to avoid dumping and anti-circumvention system thinking and analysis, after China's accession to the WTO, this paper studies from a comparative point of views.In the age of economic globalization trend of the impact, as the GATT multilateral trade negotiations under the continuous development of the countries to reduce tariffs gradually, exporters in order to increase their competitiveness, will be interested in dumping products to the importing country. Corresponding to this is that countries also have adopted levy anti-dumping duties and other trade protection measures to offset the dumping of low-priced international trade brought about by the acts of the negative impact of the country in order to provide the domestic industry continued to effective relief. In the practice of international trade, exporters often through production and trade patterns change to reduce or avoid the imposition of anti-dumping duty. Such acts to circumvent the WTO anti-dumping law and the purpose can not be realized. In the international trading system in practice, countries began to anti-dumping legislation, and in order to maintain the effective role of anti-dumping laws, countries also continuing concern about the practical effects of legislation and timely amendment of the relevant anti-dumping laws and regulations, and an increase of anti-circumvention Terms of the special provisions, with a view to adopting legal measures to avoid acts of such restrictions or sanctions.From a global perspective, the development of anti-circumvention law in a state or territory is mainly Europe and the United States and other developed countries. However, due to the anti-circumvention measures on the concept, content and scope of application of considerable controversy exists, to date there is no unified international anti-circumvention rules of law. Have to formulate a unified international anti-circumvention legislation on the first attempt because of the position of different countries, yielded no results. The anti-circumvention provision in the draft eventually was deleted. What is gratifying is that in the subsequent Uruguay Round negotiation process, the anti-circumvention issue has been included in the anti-dumping issues. And regardless of how effective, single-issue anti-dumping itself, is enough to prove that anti-circumvention issue has been widespread concern by the international community and recognition. Prior to the draft anti-circumvention provisions of the final deleted, can only show that in the field of international trade also for the international community to the lack of a universally accepted by the anti-circumvention rules.Equally concerned about the anti-circumvention, China has already begun to make the anti-circumvention legislation and try. This is mainly reflected in China's "anti-dumping regulations," Article 55 of the relevant provisions. However, as the legislative basis of the weak and the lack of theoretical research, China's anti- circumvention provisions of the relevant legislation is also too rough and shabby, its maneuverability is questionable, in fact is not enough to guarantee frequent acts of evasion. So, relax our horizons and learn from the western absorption and anti-circumvention legislation and Mr. Kerr in the draft anti-circumvention provisions of the latest results, and in light of China's national situation and formulate a detailed and comprehensive anti-circumvention legal system is of great practical significance.The discussion in this paper is the basic lethargy in combining theory and practice of constructive ideas, and to avoid anti-circumvention on the theory and practical problems on the initial start. The article maintains that, in the face of Chinese products abroad frequent allegations of anti-circumvention, the Chinese government and the enterprises should adopt a positive trade measures and legal measures, to avoid unnecessary charges: if necessary, to use appropriate methods of circumventing reasonable circumvent, by the dumping of products to fight back to the international market. To achieve this, we must understand the depth of Europe and the United States and other countries related to the existing system of anti-circumvention legislation to strengthen and standardize the management of enterprises, standardize our rules of origin; export product differentiation strategy to create non-price competition advantages from the Europe and the United States use of the quantitative criteria, legitimate circumvention of anti-dumping duties to actively the establishment of a modern enterprise system, speed up enterprise reform; Play an active role in industry associations; use of the WTO dispute settlement mechanism to actively participate in anti-circumvention rules of the multilateral negotiations and the development of the full attention of anti-dumping, anti-circumvention early warning mechanism.Preface of the thesis mainly introduces the reasons why the anti-circumvention measure emerges,then conclude the categories of circumvention and give the ways to studying it,and the a brief introduction to the background and significance of the issue under discussion,the current study in this respect as well as the study methods.Chapter One begins discussion of the thesis topic,which presents the concept kinds of the"Circumvention"and analyzes the differences between the circumvention in the general law and one in trade remedy law .Chapter Two discusses the legality of the anti-circumvention rule and its quality,meanwhile study the reasons of it appearance, that is to say ,it is the trade protectionism.Chapter Three introduces the emergence and development of EC anti-circumvention.Chapter Four introduces the emergence and development of American anti-circumvention and compare the EC and US anti-circumvention legislations. First it analyses the provisions of EC and US Anti-circumvention separately,furthermore,analyses the similarities and differences between them. Part Three expresses the view of author on constructing international anti-circumvention legislation.Chapter Five is focused on the study of the Anti-circumvention rules in Dunkel draft ,which are the perfect rules in the world,furthermore,the same rules in the Dunkel draft of the WTO as well as its influences on the multi-lateral Anti-circumvention is also analyzed in this chapter.Chapter Six is one of the most important parts of this thesis .It mainly expounds the necessity of improving Chinese anti-circumvention legislation and the principles should be conformed, and then bring forward some concrete suggestions.
Keywords/Search Tags:Anti-dumping, Circumvention, Anti-circumvention, System construction
PDF Full Text Request
Related items