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International Antidumping Act Under World Trade Organization

Posted on:2002-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:P LiuFull Text:PDF
GTID:2156360062480150Subject:International Law
Abstract/Summary:PDF Full Text Request
This thesis describes the international antidumping law under the WTO (World Trade Organization).The international antidumping act not only includes Art.6 of the General Agreement and the latter three rules but also covers the legislation of different countries for antidumping. As domestic treatises were concentrated on internal laws of countries seldom researching the uniform legislation of the WTO, this article is selected to discuss the international antidumping act mom the viewpoint of the WTO.The first part of this thesis is about the system of international antidumping act. It gives the conception, origin, nature and basic principle of the international antidumping act in the general frame of branch laws. It shows the trend of public law unification convinced by the author and points out the trend of public law unification in foreign trade control.As the international economic administration law, the international antidumping act is the result of mutual concession and coordination between different countries in foreign trade control. There are three basic principles of the international antidumping act under the WTO: censure for dumping causing any impairment; no unreasonable barrier to internal trade resulted from any acts of antidumping; and preferential treatment applied for developing countries.The second part, which is divided into five sections, expatiates from the historical viewpoint the legislation of antidumping under the General Agreement, trying to give an outline of difficult and tortuous unification progression of the international antidumping legislation.The third and the fourth parts are based on the Uruguayan Round rules, describing the concreteregulations and the procedure regulations of the international antidumping act.The fifth part describes the Chinese antidumping act and the international antidumping act. The first section discusses the legal basis in the WTO for the modus operandi that western countries adopt the substitute country price for non-market economy countries, and dissertates the unfairness of the antidumping acts of foreign countries applied to China For the collected cases that China was accused for dumping since 1979, the article summarizes the features, analyzes the cause, and gives the countermeasures how China should act in the international antidumping struggle. It also brings forward the idea of establishing the judicial review system for antidumping after the final award for antidumping of China is made.
Keywords/Search Tags:World Trade Organization(WTO), the antidumping act, normal value, material injury, judicial review
PDF Full Text Request
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