Causal Relationship In The Wto Anti-dumping Agreement "

Causation under the Anti-dumping Law means the causal relationship between the dumped imports and the injury to the domestic industry. Causation is a prerequisite for the investigating authorities to impose an anti-dumping duty on the dumped imports. With regard to the determination of the causation, it is stipulated in Article 3 of the current WTO Anti-dumping Agreement (hereinafter referred to as "ADA"), however, there are ambiguities in the ADA, and there are also differences in the legislation and practice among the Members of WTO, therefore, in order to prevent the abuse of the anti-dumping measures as a means for protectionism, it is necessary to improve the existing articles of the ADA. To understand the causation in an accurate way, we should have an in-depth understanding of the non-attribution rule, which is discussed specifically hereinafter. This paper is divided into four parts.Part I introduces the fundamental theories of the causation, analyzes the contribution of causation in the attribution of responsibilities, and then discusses whether it is feasible to apply the theory of causation in Tort Law to that in Anti-dumping Law, and about the diversity of causation, and specifically introduces the theory of causative potency.Part II analyzes the determination rules of the causation under the ADA, which is the core of this paper. Firstly, the development history of the determination rules of the causation under the GATT/WTO anti-dumping rules is comprehensively illustrated, and the issues therein are raised; and then specifically analyzes the determination rules of the causation, including non-attribution rule, under the ADA by using the report of WTO Dispute Panel and Appellate Body.Part III introduces the anti-dumping legislation and practice of United States and EC, further studies the determination rule of causal relationship between the dumped imports and injury under the ADA, and analyzes the non-compliance with the ADA in the legislation and practice of United States and EC.Part IV presents proposals in respect of the amendment of the ADA and the relevant legislation and practice of China. Firstly, a brief review of the Chair's text of the Doha round with regard to the amendment of the ADA is given, and proposals is then presented. Secondly, it analyzes the relevant anti-dumping legislation and practice of China, and gives suggestions correspondingly.