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Transparency Of The Legal Issues, The International Anti-dumping

Posted on:2008-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:X J FengFull Text:PDF
GTID:2206360215973121Subject:Law
Abstract/Summary:PDF Full Text Request
The whole system of WTO laws is a unified international trade regulating system with integral,systematic,certain substantial and procedural rules that all members must abide by.The principle of transparency plays an important role in all the basic binding principles. Antidumping,one of the legal trade remedy measures accepted by the WTO,is used by more and more countries to reply to the act of dumping by.other countries.Although the number of antidumping initiations and measures has declined a little in the past 4 years,the whole amount of antidumping actions is still very large and appalling.The author thinks the lack of transparency is one of the key reasons that cause the high rate of antidumping actions.With administrative bureaus,enterprises involving in antidumping process and two sets of law regulating system,the principle of transparency is highly evaluated in antidumping investigations and litigations.More clarified process and standard for determining and evaluating dumping is on the agenda,and the Trade Policy Review Mechanism needs more binding power if it could serve as a better safeguard for carrying out the principle of transparency.It has become a hot topic in the coming negotiations that more specific standards of evaluating dumping and injury is highly demanded,Trade Policy Review Mechanism needs more binding power and all members are to be urged to act according to the WTO Antidumping Agreement.The problem of lack of transparency in the field of antidumping deserves more consideration and research.Based on the existing research and led by the essence of WTO principle of transparency,this article aims to deep analyze and investigate transparency in the area of antidumping and brings forward some corresponding suggestions to enhance transparency in China.This article has more than 37,000 Chinese characters and consists of four parts:The first part talks about the principle of transparency in the whole system of WTO laws.A brief introduction of the importance of the principle of transparency aims to discuss this principle in all aspects.The second part is about transparency in the area of international antidumping.In this part,the author first introduces current statistics of antidumping actions and then states his analysis of why antidumping is so welcomed by the members.He reckons that one of the important causal links is the lack of transparency in international antidumping practices.After the presentation of all forms of lack of transparency in antidumping practices,the author sensitively points out the current regulating system both on national and international ground is the fundamental reason for the lack of transparency in the field of antidumping.The third part brings forwards the author's suggestions and tentative.plans,even fantasy for consolidating transparency in the area of antidumping.He suggests that the coming WTO negotiations play high.premium on the question of lack of transparency in antidumping and try to solve some problems that are discussed in the second part through negotiations.The author has the audacity to say that only a unitary legislation could eradiate the problem of lack of transparency in:anfidumping.The fourth part comes back to talk about transparency of antidumping in China.The author first narrates how China and the responsible bureau carry out the principle of transparency in China.After pointing out the.existing substantial and procedural flaws that cannot meet the requirements of the principle of transparency,the author advances his suggestions on how China boost up his transparency in antidumping actions among the flaws either in antidumping legislation or practices.
Keywords/Search Tags:WTO, Antidumping, Transparency, Principle of Transparency
PDF Full Text Request
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