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Law-economics Analysis Of The Value Orientation Of Eu Anti-dumping Act

Posted on:2013-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Z ZhangFull Text:PDF
GTID:2216330371968013Subject:International law
Abstract/Summary:PDF Full Text Request
The ongoing development of international trade and the increased frequency of global trade exchanges witness the fifth year of Sino-EU strategic partnership's establishment. With the deepening of international trade liberalization, esp. in the region of European Union long influenced by the western culture, the speed of opening up to the outside world is greater. Under the current international environment, the mutual complementary of economics between countries is more and more obvious, as well as the mutual dependency and the common point of interest between countries are strengthening. This paper focuses on the analysis of value orientation of the EU Anti-dumping Act by the way of law and economic analysis from the equilibrium of supply and demand, also the equilibrium of cost-profit analysis.Firstly, this paper introducing the way of law and economic analysis, especially analysis the law within the area of study of micro-economics, taking efficiency as evaluation standard and basic valuable aim. Trying to seep into the value orientation of "efficiency""cost""equalization""game" on the basis of value orientation of "justice". Finally, showing the progress of EU Antidumping, the feature of law and economic analysis should play an important role, to table a reasonable proposal for the legalization and practice of EU Anti-dumping.Secondly, illustrating define of dumping, anti-dumping, anti-dumping law and value orientation of anti-dumping law by the way of law and economic analysis, pointing out the value orientation of anti-dumping law as a basis for the theoretical foundation of the progress for the anti-dumping practice. On the one hand, using the anti-dumping law to eliminate competition of the foreign competitive industry, set the stage for the developing of the domestic industry, on the other hand, having an obligation to offer the social welfare for the residents, so that the anti-dumping settlers have to guarantee the domestic industry and also guarantee the benefit of the consumers, importers and users, finally reach the benefits well balanced.Thirdly, through the method of supply-demand analysis for the EU Anti-dumping, pointing out that the anti-dumping actions would increase the transaction cost, achieve the resource to optimize the purpose of configuration hard, so the demand for anti-dumping generated. But because of the lack of the social exist basic, so that the EU Anti-dumping had the supply and demand deviation, it declare the essence of "compete restriction" for EU Anti-dumping. Through the method of cost-benefit analysis for the EU Anti-dumping, Pointing that hard to prove the benefits outweigh the costs in the practice, only being used to balance of interests for the stakeholder.Fourthly, illustrating the legislative intent of EU Anti-dumping Act seem to fail, but it also reasonable, to relocation the rationality of anti-dumping action taken by the European Union, for instance:the weapon of meeting the local balance of supply and demand for European Union, the way of reducing competitive pressure to a certain extent, avoiding Trade friction, and also speeding up the progress of liberalization of trade.Finally, paper sum up the value orientation of anti-dumping laws of European Union, point out the value orientation of anti-dumping laws of EU is not the efficiency or justice, but equilibrium. Through the analysis for the value orientation of EU Anti-dumping, the research would make great sense to the establishment and perfection of anti-dumping legal system in other countries, also to the rational analysis of the actual effect of international anti-dumping laws.
Keywords/Search Tags:EU Anti-dumping, value orientation, efficiency, equalization, supply-demand analysis, cost-benefit analysis, competerestriction
PDF Full Text Request
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