The Study Of Public Interest Clause In EU Anti-Dumping Law

Anti-dumping measure is a legitimate and effective way granted by the World Trade Organization (WTO) to resist the impact of foreign low-price products. The Anti-dumping measure which is represented by anti-dumping duty can effectively cope with the shock of imported foreign products and can tremendously reduce the threat brought by imported goods to the countries like industry. Through this measure, the market and industry of importing product country is properly protected. Free trade and fair competition is the essence and advocated by GATT and WTO. The Anti-dumping measure is targeted to this point of fairness by granting the member of WTO to levy duty upon dumping products. However, this legitimate right owned by the members of WTO has gradually become the veil of trade protectionism. Since 70s of last century, the measure has been used overwhelmingly and the result of several decades'free trade efforts is diminishing due to its counter-competitiveness.The public interest clause in anti-dumping laws is trying to comprising kinds of interests and makes the most appropriate decision. The public interest clause can be found in WTO and its members'statues especially in EU anti-dumping law. EU anti-dumping law has comprehensive substantive and procedural rules in public interest appraisal process which is worthy our learning. Although there are words about public interest in our country's anti-dumping law, it is too wide and abstract no matter in substantive way or procedural way to handle it. At the same time, there are more and more complaints against the products made by our country, and we also face severe challenges of other country's low-price products. This paper is trying to figure out our special public interest practice in anti-dumping filed through the understanding of EU's anti-dumping statue and the usage of public interest clause in its cases and give some suggestions for our country's practice of public interests in anti-dumping area.This paper is divided into four parts apart from the Abstract and Introduction.The first part"the necessity to add public interest clause in the anti-dumping law"is analyzing its positive way in protecting the home industry and the shortcoming of anti-dumping law, pointing that the whole country's interests is the starting point and end result and clarifying the necessity of appraising public interest in anti-dumping process. The second part"the substantial factors on public interest clause in EU anti-dumping law"is analyzing the substantive rule of EU anti-dumping law through the study of public interest case and the anti-dumping statue.The third part"the procedural design on public interest clause in EU anti-dumping law"is analyzing the procedural rule of EU anti-dumping law through the anti-dumping statue and the study of public interest case.The final part"the inspiration to our country in legislation and practice by public interest clause in EU anti-dumping law"of this paper points out the shortcoming of public interests appraisal process in our law and practice and make some suggestions about how to more rationally compete the complaints of foreign country's anti-dumping investigation and maximize the interests when we initiate anti-dumping measure towards other country's low price products.