| As one of the trade protection measures permitted by the World Trade Organization, nowadays anti-dumping is used more frequently by countries in the world. Although the Agreement on Anti-dumping considers the determination of injury as one of the prerequisites to take anti-dumping measures, the existing concept of determination of injury in current anti-dumping laws is still very flexible. Member states explain the provisions of agreement in accordance with their national interests. The disagreement will inevitably lead to trade disputes. Therefore,the determination of injury in anti-dumping laws involve a wide range of content and lots of standard definition still exist much controversy.Through the analysis on the Agreement on Anti-dumping, this article focuses on the topic of determination of injury in anti-dumping laws. First of all, the paper describes the legislation development of the determination of injury. Secondly, with analysis on related cases, the paper especially discusses some important terms about the determination of domestic industry. Thirdly, with regard to the determination of the types of injury, this article individually analyses the factors which should be examined when determine the three kinds of injuries, includes the material injury, the treat of material injury and the material retardation, in order to make a more clear standard about the degree of anti-dumping investigation. Finally, the writer analyses the causal relationship between dumping and injury which is considered as one of the key elements to the determination of injury.This article has combined a lot of related anti-dumping cases and some domestic laws and judicial practices form member states to analyses the uncertain and indefinite regulations in the Agreement on Anti-dumping. Furthermore, the paper has combined Chinese anti-dumping legislation and practice and put forward some own proposal to relevant legal issues, in order to get a much well understand about the Agreement on Anti-dumping to defend the economic benefit of our country in anti-dumping practice. |