Eu And U.s. Anti-dumping Sunset Review System And The Enlightenment

Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 reached at the Uruguay Round firstly set a fixed time limit, which is named Sunset Review, for the termination of antidumping measures in the history of GATT development. The same agreement demands that antidumping measures be terminated as long as no results based on the Sunset Review indicate that the termination of antidumping measures mentioned before will cause the continuation of the situation of dumping and the injury caused by it therefore. The Sunset Review law system stepped on the stage since then.This dissertation mainly makes a study on the Antidumping Sunset Review law system of European Union and the United States on the setting of Sunset Review Reform of WTO Antidumping Agreement. As the most powerful economies and major antidumping measure enforcement countries, the U.S and E.U carry great weight on other parts worldwide in the scope of the establishment of antidumping law system, especially in the field of Sunset Review law system making, which has been absorbed and transformed well into their civil law system. Accordingly, the Sunset Review law systems of these two economies have been introduced and comparisons related have been made. Consequently, advice and suggestion on the improvement of the Sunset Review in China's legislation has been given. The dissertation consists of five parts, including the Epilogue. The framework is as below:Firstly, the juristical connotation of dumping has been analyzed concisely in chapter one; Chapter one also introduces the legislative background of Antidumping Sunset Review of European Union and The United States of America, consisting of brief introduction on the development history of antidumping law systems and the present situations respectively.The definition of Sunset Review system has been given. In the meantime, its development, theoretic values and realistic significance in EU and the U.S have analyzed as well in chapter two.In the third part, several aspects in the Sunset Review law systems in the two economies have been compared, including the administration of Sunset Review system, procedural and substantial regulations of Sunset Review system, and judicial review of Sunset Review system.In the fourth one, after a brief introduction of present Sunset Review law system in China, the author tries to make some advice and suggestion on China's Sunset Review law system improvement from the angles of legislative level, substantial and procedural rules, and judicial review, through a case study.Epilogue summarizes the above views concluded in the various chapters.