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The Abuse Of The Anti-dumping Trade Liberalization And Its Countermeasures

Posted on:2004-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:Z YuanFull Text:PDF
GTID:2206360092485137Subject:Economic Law
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Over recent years, anti-dumping measures, which are allowed by WTO, have become more and more popular in the global trade context. Developed countries such as European Unions, the United States, Canada and Australia, and developing countries represented by India, charge other countries for dumping now and then. While those charged retaliation against these charges. Therefore, the historical debate of dumping and anti-dumping has been escalated once again, leading to the global anti-dumping frequency rising constantly after the GATT, showing no sign of decreasing at all. GATT's adoption of legal regulations on anti-dumping was intended to justify the fair competition of international trade, avoiding the negative effects of vicious contra-competition behavior on normal international trade order. Nevertheless, from the study of present situation, and some cases in particular, anti-dumping regulations have to great extent become the tools of trade protectionism. Take the dumping survey launched by EU on China; most are focused on labor-intensive products. This is because the cost advantage of the labor-intensive products in China has threatened related industries. In order to maintain the present status of these industries, EU exercises trade protection in the name of anti-dumping, with the purpose to force China out of its market, reducing or even eliminating the potential competition, so as to keep its monopoly status.The abuse of anti-dumping has drawn a great deal of unsatisfactory response both at home and abroad. Distinguished economist, Stiglitz, even regarded anti-dumping regulations as a sort of "trouble-making thing". Meanwhile, in the field of international economics, a hot discussion is going on. Many experts and scholars have made their different statements, agreeing or disagreeing. In consideration of the various standpoints,domestic scholars seem more cautious, focusing on how to make full use of the anti-dumping regulations of WTO, and how to improve the domestic regulations on anti-dumping. It sounds easy to understand, but, it really isn't. For a developing country adopting anti-dumping regulations, it is a tradition to keep a low attitude. However, as the victim of anti-dumping, this is not acceptable.Although to some extent, it is applicable to get China out of the mess of anti-dumping through the means of improving domestic regulations and carry out studies on foreign dumping, and it is not an essential solution anyway.At the First international anti-dumping forum, vice-minister of Foreign Economy and Trade, Long Yongtu said, anti-dumping was not the mainstream of WTO, but only a sort of defending measures. WTO insists free trade, and China would benefit from opening-up. Long also introduced that next negotiation of WTO would pay more attention to regulation of anti-dumping in order to prevent it from changing into trade protective instruments, and it would be more difficult for any WTO member country to implement anti-dumping. However, according to Zhang Yuqing analysis, USA and European countries played important part in the history of GATT and WTO, and both of them insists on maintaining anti-dumping, so, it is almost impossible to restrict or remove it.Therefore, how to reduce the effect of abuse of anti-dumping became an urgent question. With this purpose, this thesis is going to find a feasible way under RTAs(Regional trade agreements) to give some suggestion to those researchers or policy makers.This thesis first puts forward the question-why anti-dumping law that aims to prevent unjust competition becomes the new trade barrier. Then the author analyzes the question-why the anti-dumping law becomes the new trade barrier. Finally, comes the solution-ways toreduce the barriers caused by anti-dumping law through anti-dumping and competition laws' interaction under RTAs. In the meanwhile, this thesis tries to discuss the function of anti-dumping law and competition law on promoting free trade.The thesis consists of 5 chapters. Chapter one introduces the g...
Keywords/Search Tags:Anti-dumping Law, Competition Law, Abuse, Trade Protectionism, Regional Free Trade Agreement
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