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Anti-dumping Causal Relationship Rules

Posted on:2009-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2206360248450744Subject:International Law
Abstract/Summary:PDF Full Text Request
Since the anti-dumping measures were stipulated by the 1904 customs tariff law of Canada, more and more countries resist unfair competition from abroad through the stipulating of antidumping. Anti-dumping measures have been improving and intensifying, and their use has become an essential part of the trade policies for countries through out the world. Although the liberalization of trade has expanded widely, the anti-dumping measures were not prohibited as a kind of trade protection measures. However, antidumping is one of legitimate methods permitted by GATT and WTO to resist dumping of foreign product. The issue of antidumping being abused by members as an instrument for protectionism has brought attentions from all over the world.The causality of antidumping is one of the requisites in constitution of antidumping. It has special status and value on the issue of avoiding the misusing of antidumping measures by protectionism. This paper has five parts and uses the historical analysis, the comparative research and the case-study method. Through the analysis of the rules of GATT/WTO, we can more pointedly and powerfully promote the reform of the rules about causality of WTO Antidumping Agreement. Through the analysis of the legislation of America and European Union who initiate the most antidumping measures, we can find out their background of antidumping legislation and policy. We can learn from their experience of legislation and practice.The first part introduces the fundamental theories of the causality of antidumping, including the connotation and characteristics of causality in antidumping law and the definiteness of causes and effects.The second part discusses the connotation and classification of the causality standard and the proof rules of causality. To do deep research to the theories of the causality of antidumping helps us to grasp the main point of choosing the rules of causality standard and proof which are in accordance with our country's benefit.The third part elaborates the development history of the causality standard and the non-attribution principle comprehensively. It makes an assay of development trend for GATT/WTO antidumping causality rules. Research indicates that the standard of principal cause agrees more with WTO aims. Meanwhile, it discusses the antidumping legislation and practice of America and European Union and indicates that America and EU are inclined to use the standard of contributing cause whether in law or in practice. It is closely related to their trade policy that America and EU insisted on using the standard of contributing cause throughout.The fourth part illuminates the causality proof rules of GATT/WTO, America and EU. ADA doesn't stipulate "bifurcated analysis "or "single injury determination" clearly, but it seems that ADA don't oppose the using of bifurcated analysis. Theoretically, "bifurcated analysis" is propitious to the protection of domestic industry, so America and EU are more inclined to using bifurcated analysis. Also ADA doesn't stipulate that whether the cause is the margin of dumping or the imports of dumping. The theory of imports of dumping can alleviate the burden of proof of applicant and increase the constitution of antidumping, so America and EU are more inclined to using the theory of imports of dumping to protect their industry.The last part discusses the legislation and practice of antidumping causality in China. On the one hand, we should detail some principled rules in our antidumping law and strengthen its operability. On the other hand, we should establish a complete legal system of antidumping which is based on the anti-dumping regulation and guided by the foreign trade law. Meanwhile the rules of administrative division should be highly valued.
Keywords/Search Tags:causality of antidumping, the causality standard, the proof rules of causality, non-attribution principle
PDF Full Text Request
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