A Legislative Study On Public Interest Issues In Anti-dumping Laws

Dumping and anti-dumping have been very important issues in international trade as they not only have close relation to trade environment of import countries and exporter countries, but also influence the development of related industries and safety of economic environment of import countries. In jurisprudential research, dumping means (A) a product is introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country; and (B) the aforesaid activities caused injury to related industries of import country or hampered the establishment of related industry. This definition emphasizes on the harm incurred by those related industries of import country due to dumping, which leading to a conclusion that dumping is a business practice that shall be repelled and that anti-dumping is a measure that protects legitimate trade. While as economy and international trade developed, there are signs showing that in some circumstances, anti-dumping measures do not fit for economy development, and such measures may sometimes impair other related interest groups. Thus a gap emerged between the theoretical objective and reality of anti-dumping. To fill up the gap, the interests of other interest groups and Public Interest of the entire society shall be taken into account when initiating anti-dumping measures. This thesis intends to discuss such Public Interest issues in anti-dumping.I. Something Fundamental on Public InterestPublic Interest, as an embodiment of the value of law, is an important...