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Study Of The Causation In Anti-dumping Law

Posted on:2008-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y X Q OuFull Text:PDF
GTID:2166360215495851Subject:Economic Law
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In this paper, the question of causation in anti-dumping law has been discussed from two respect, substantive and procedure regulation. In the first respect, the most important problem is to judge which standard is the best to analyze the causation. But, at present, the regulation of WTO is ambiguous. United States and European Union adopt the "contributory cause" standard, in which cause and result have less close relationship. Anti-dumping, as one of Remedy Measures of World Trade, has common ground with other ones. They have the same essential factor, causation. In addition, causation is also involved in Tort Law. We can get inspiration from the regulation in Tort Law. After comparing the different standards in different law, such as "principal cause", " significant cause" , "substantial cause" , a conclusion that causation in Anti-dumping Law should adopt "sufficient cause" standard can be drawn.However, perfect substantial regulations also need the help of procedure law to put into effect. Though the standard of causation is clear and just, its "soft" character makes it in an awkward predicament. But along with the development of globalization, "hard" character increased. It is possible to solve the problem. DSB (Dispute Settlement Body) in WTO plays a very chief role in this course, mainly in such aspects as forming multilateral procedure regulations and fair distribution of burden of proof.China is both the victim and promoter of the measure of anti-dumping. Anti-dumping Law of China is not perfect, which need more progress in both substantive and procedure respects.
Keywords/Search Tags:standard of causation, procedure regulation, burden of proof
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