The Procedural Law Of The System Of The Wto Anti-dumping Comparative Study

Anti-dumping procedural law is an indispensable part of the anti-dumping international law and anti-dumping national law. It's also the part which was added and emphasized in Uruguay Round multilateral Trade Negotiation. The anti-dumping laws of EU and America have a long history and have influenced each other with the Anti-dumping Agreement of GATT/WTO. So the anti-dumping procedure laws of EU and America are more perfect. Making a comparative study between them will be helpful to the legislation of Chinese anti-dumping procedure law.The author took a synthetical comparison and analytic discussion approach to write this paper. A comprehensive comparison of the detail content of the anti-dumping procedural law in WTO Agreement and the anti-dumping law of EU and America was made, then the author summed up the features of each of them and drew useful enlightenment from the comparison and illustration.In chapter 1, comparative study of the anti-dumping administrative procedure was made, which included five parts, i.e., agency establishment, appeals and acceptance, examination and investigation, preliminary adjudication and temporary measures, price undertaking and ultimate anti-dumping tax. The general conclusion is both the administrative investigation procedure of EU and America follow the principle and requirement of WTO Agreement, though there are some differences between them. In the author's eyes, the single-railway system of EU is more suitable for China, while the American administrative procedure is more perfect and transparent, which is worth learning from.In chapter 2, administrative review procedure was discussed, By comparison, the author found out that the administrative review is not only the basic requirement of WTO Agreement but also an important content of the anti-dumping procedural law of EU and America. By contrast, Chinese administrative review system is in its initial period, which lacks of systematicness and needs improvement.In chapter 3, judicial review procedure was discussed. The author illustrated the principle requirement of WTO Agreement and the main content of judicial review in EU and America. The author found out that both the anti-dumping judicial review of EU and America, which are the most advanced and influential among the members of WTO, have been enriched on the basis of the WTO Agreement, Both of them are worth learning from.In chapter 4, the author reviewed the short history of Chinese anti-dumping law, illustrated the main content of the anti-dumping procedure and its features in the Chinese newly-enacted Anti-dumping Act, pointed out its weakness and finally the author put forward his own suggestions on how to improve it.