Dumping And Anti-dumping Issues In The Maritime Trade In Services

The marine industry is mainstay of industry which relates to the whole economy development of a nation, it simultaneously constitutes the important part of the service trade. Marine service industry is more sensitive then other service industries; it may affect the sovereignty security and the significant interest of politics and economic of a nation. Under the direction of the liberalization principle of GATS, the marine service industry is also chasing the liberalization principle.However, considering the character of sensitivity of marine service industry, many nations limited the liberalized process of marine service industry because they considered their sovereignty and the interest of political and economy. Therefore, under the trend of liberalized marine service, a lot of nations adopt the measure of protectionism to keep the ability of competition in marine service industry; these measures are usually the behaviors of counter- competition, antidumping is one of them. Dumping destroys the fair order of market frequently, it threatens the foundation of market economy, and it has the adverse affect to the international trade in a way. The anti-dumping is just the rectification to this unfair trade.The theory of dumping and and antidumping has been used in international cargo trade for several decades. And many nations take this theory as a weapon to prevent irregular competition in domestic markets as well as to protect relevant domestic industries. For the purpose of resisting possible or existing dumping actions in international maritime service trade field as well as protecting domestic maritime industries, the paper try to introduce antidumping theory into maritime service trade field thoroughly. On this base, some new concepts have been put forward.Compared with international cargo trade, the theory and practice of anti-dumping is backward in international service trade. As the part of international service trade, that's also the fact in international maritime services trade field. Only Regulation 4057/86 ofEU, adjusting several parts of this field. For the purposes of resisting possible or existing dumping actions in international maritime service trade field as well as protecting domestic maritime industries, the paper try to introduce anti-dumping theory into maritime service trade field thoroughly. On this base, some new concepts have been put forward. This paper is divided into four pars:Part 1 "The dumping existed in the maritime service trade"First of all, presenting the classification of the maritime service trade, and putting forward the possibility of the dumping in maritime service trade. The point of this part is giving a detailed analysis of the dumping which existed in the four different modes of GATS.Part 2 "The form of dumping of the maritime service trade"On the basis of the Part 1, linking with the three classification of maritime service trade, giving a general analysis of the various dumping form which exist in maritime service trade. The international seaborne trade is the point of this part.Part 3 "The necessity and feasibility of constructing the rules of Anti-dumping in maritime service trade"Putting forward the viewpoint of introducing the Anti-dumping rules from the cargo trade into service trade. Discussing the necessity which constitutes the Anti-dumping rules in the service trade. Presenting the examples about the disadvantage given by dumping in maritime service in order to emphasize the necessity of constitutes the anti-dumping rules in maritime service trade.Discussing the feasibility of constitutes the anti-dumping rules in maritime service trade by Regulation 4057/86 ofEU.Part 4 "constituting the anti-dumping rules in maritime service trade"Give several suggestions on how to constitute the anti-dumping rules in maritime service trade. These suggestions are based on the Regulation 4057/86 of EU. Finally, presenting some ideas about how to constitute the anti-dumping rules in maritime service trade of China.