The Study On Community Interest In EC Antidumping Regulation

As a legal trade protection instrument, antidumping measure is overused in the whole world. The abuse of antidumping measure often hurts the public welfare. So it is inevitable and reasonable to apply public interest clauses in the antidumping law. As the leader of the reform of the international antidumping law, the European Community (EC) made clear and detailed articles for the problem of"Community Interest"in its latest antidumping regulation. This paper starts from differentiating and analyzing the concept of antidumping and public interest. It clarifies that the essence of community interest principle is to improve the social welfare level. Based on the review of the development of EC antidumping regulation and the comparison of the legislation of different countries in the related area, we discuss and evaluate the community interest problem in the present EC antidumping regulation. Especially, we point out that there still many defects in the regulation and practice, and we give some advice. At last we give some advice to the antidumping legislation and practice, according to the analysis of EC antidumping regulation.Except for Preface and Conclusion, there are four chapters in this thesis:The first chapter establishes the concept base of the study, through differentiating and analyzing the concept of dumping, antidumping and public interest. It indicates that the essence of community interest problem in antidumping is to maximize the public interest by balancing the conflict of different interests, in the light of certain value tropism.The second chapter discusses the community interest vertically and horizontally. From the vertical point of view, we compare the different period of the development of the EC antidumping regulation's community interest regulation. From the horizontal point of view, we compare the legislation of representative countries. The third chapter is based on the second chapter. In this chapter we make judgment on the significance and defects of community interest in EC antidumping law, and give some advice.The fourth chapter makes revelatory conclusion to the legislation and of China's antidumping law, through the analysis of the community interest problem in EC antidumping law.