Improve The Anti-dumping Dispute Settlement Mechanism

Anti-dumping dispute is a kind of international trade disputes. Against anti-dumping disputes, WTO, a large number of regional trade agreements and the state has formed its own characteristic dispute settlement mechanism: some combine with general trade dispute settlement mechanism, and some set up a special anti-dumping dispute settlement mechanism; Some settlement mechanism emphasize the power-oriented methods, such as consultation, and some rely on the rule oriented approach, such as judicial and arbitration. This paper studies various types of anti-dumping dispute settlement mechanism with a view to explore the mode suited to China's basic condition.The main opinion of this thesis includes two aspects. First, we should study the issue with a whole angle of view. Anti-dumping dispute settlement mechanism is an integrity and indispensable mechanism which involving in WTO rules, regional trade agreements and national mechanisms three levels. As hot countries facing anti-dumping investigation and anti-dumping sanctions against, it is necessary for China to improve its anti-dumping mechanism from the three levels. On WTO level, we should improve the capacity of using the existing rules basing on currently available dispute settlement mechanism, and actively participated in the Doha Round of negotiations to amend anti-dumping rules. On the level of regional trade agreements, we should create fair and rational rules. On domestic level, we must improve the administrative review and judicial review and other relating system, and enhance the capacity of using trade remedy measure by learning advanced experience from foreign countries. Second, there is close connection between the three levels of anti-dumping system. We can reduce the friction and promote the effective operation of the anti-dumping system only by rationalizing the relations between the three levels. For this purpose, this paper introduces the dispute settlement mechanism of WTO, representative regional trade agreements such as the USA and India, as well as an internal dispute settlement mechanism in European Union and the United States. It gives some advice on perfecting China's anti-dumping dispute settlement mechanism on the basis of comparative study.The paper divides into five parts, including the lead introduces and the conclusion remarks.The lead introduces the legal meaning and characteristics of the anti-dumping dispute, lays the legal basis.The first chapter describes the WTO anti-dumping dispute settlement mechanism, and how to effectively use the mechanism to react other countries'anti-dumping and implementation of anti-dumping measures.Chapter II analyses the existing rules of our country on anti-dumping dispute settlement in regional trade agreements while introducing the general character of anti-dumping dispute settlement in regional trade agreement and the mature approach of the North American Free Trade Area and European Union, thus provide suggestion on the legislation of a similar dispute settlement mechanisms and how handle it with the dispute settlement system under WTO.Chapter III focused on the procedure of administrative review and judicial review in anti-dumping dispute settlement mechanism, and compares the related system between the European Union and the United States. Finally, it gives some suggestion on the improvement of China's relevant system and how to rationalizing it with the anti-dumping system under WTO and regional trade agreement. Ending remarks briefly conclude the article.