A Study Of Legal Problems On Anti-Circumvention

Anti-Circumvention is an issue which debated endlessly under Anti-Dumping.It has firece debate during Uruguay Round and ended with no results. Informal Group on Anti-Circumvention of the Anti-Dumping Committee continued the discussion on Anti-Circumvention but has no progress until now. Anti-Circumvention become one of the most important issue again in Doha Round. Although there are great differences among negotiating parties, the establishment of a unified Anti-Circumvention Rules within the world is the general trend and the future of Anti-Circumvention negotiation should be bright.It has experienced ten years since2001China’s accession to the World Trade Organization. Free trade not only brings opportunities for China but also brings big challenge for China. The challenge expressed by that WTO members take trade remedy measures against China. In recent years, the investigation on anti-circumvention against China showed an upward trend. China has become one of the biggest victims of Anti-Circumvention investigation. A Study of anti-circumvention under anti-dumping areas therefore has important pragmatic significance. In addition, it will also has instructive significance for China that takes position and strategy in Doha Round Negotiation on Anti-Circumvention.There are six parts in this article:Part one is a brief illustration of the article’s background and study significance.Part two will discuss the legal problems of Anti-Circumvention. It includes the background of Anti-Circumvention, the behaviors of Circumvention and Anti-Circumvention; especially discuss the legitimacy and rationality of Anti-Circumvention regime.Part three will review the historical development of Anti-Circumvention negotiation. On one hand introduce the promotion to Anti-Circumvention negotiation, especially the anti-circumvention statutes in developed countries like the EU and the United States. On the other hand introduce the discussion in Uruguay Round and analyze the anti-circumvention articles concluded in Dunkel Draft.Part four will analyze the process of Doha Round negotiation. It elaborates the positions and views of the main negotiating parties on Anti-Circumvention and Chair Texts of ADA in Doha Round. Besides that, it also looks into the future of Doha Round negotiation.Part five will discuss the inspiration and strategies on China’s Anti-Circumvention legislation under Doha Round negotiation. It includes the position of China on Doha Anti-circumvention negotiation and the status and the problems of China’s Anti-Circumvention legislation. Some suggestions on how China can establish better strategies to deal with Circumvention and Anti-Circumvention will also be provided.This article will conclude by highlighting the importance of establishing a balance framework for addressing anti-circumvention within the world.