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Zvidza, Tinevimbo. "Dumping, antidumping and the future prospects for fair international trade." Thesis, University of Fort Hare, 2008. http://hdl.handle.net/10353/100.
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More than a century has passed since Canada adopted the first antidumping law in 1904. Similar legislation in most of the major trading nations followed the Canadian legislation prior to and after the World War II. Antidumping provisions were later integrated into the General Agreement on Tariffs and Trade (GATT) after the said war. Today, nearly all developed and developing countries have this type of legislation in place within their municipal legal framework. The subject of antidumping has received growing attention in international trade policy and has become a source of tension between trading nations. This is evident in the substantial increase of antidumping actions since the establishment of the WTO. Antidumping policy has emerged as a significant trade barrier because of its misuse by both developed and developing countries. The primary instruments governing antidumping actions are GATT Article VI and the Antidumping Agreement (ADA). The ADA contains both the substantive and procedural rules governing the interpretation and application of the instrument. Its purpose is to ensure that the instrument is used only as a contingency measure judged upon merit and not as a disguised protectionist device. Given the growing number of countries participating more actively in the world trading system and the notorious misuse of antidumping provisions, there is a vital need to critically analyse the key provisions of the said instruments. This study is an attempt at that academic enterprise. It concludes by giving proposals for future reform of both real and potential future reform of the current WTO antidumping regime. Dumping, antidumping, antidumping regulation, antidumping duties, like products, dumping margin, zeroing, facts available, protectionism, ADA.
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Geng, Su N. "Anti-dumping practices and China." Thesis, University of Sussex, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.335354.
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Kang, Jong Woo. "Three essays on international trade /." Thesis, Connect to this title online; UW restricted, 2002. http://hdl.handle.net/1773/7416.
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Zhang, Yan, and 张燕. "Two essays on antidumping investigations." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2013. http://hdl.handle.net/10722/206436.
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This thesis consists of two studies on the impacts of U.S. antidumping investigations on Chinese exporters. In the first essay, using monthly transaction data covering all Chinese exporters over the period 2000-2006, we investigate how Chinese exporters respond to U.S. antidumping investigations. We find that antidumping investigations cause a substantial decrease in the total export volume at the HS-6 digit product level, and that this trade-dampening effect is due to a significant decrease in the number of exporters yet a modest decrease in the export volume per surviving exporter. We also find that the bulk of the decrease in the number of exporters is exerted by less productive exporters, by direct exporters as opposed to trade intermediaries, and by single-product direct exporters as opposed to their multi-product counterparts. Combined with the existing studies on the impacts of antidumping investigations on protected firms, our study helps piece together a complete picture of the impact of antidumping investigations.
In the second study of this thesis, using the same China Customs Data, we empirically investigate the effects of U.S. antidumping measures on the export product scope and product mix of Chinese multi-product direct exporters. We find that exporters experiencing antidumping measures would reduce their overall export product scope. Specifically, the affected exporters drop many of the pre-existing export products from their unaffected HS-2 industries, and diversify some new products into its downstream industries of the affected HS-2 industry. The overall export value of the new product mix does not change.published_or_final_version
Business
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Doctor of Philosophy
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Lucenti, Krista. "Essays on international trade : antidumping, competition and trade facilitation /." Berlin : Dissertation.de, 2008. http://www.dissertation.de/buch.php3?buch=5632.
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Allen, Sara-Ruth. "International trade rules: a case of imperialism at work?" University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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This study explored whether there is an inherent inequitable nature of the liberalization process with respect to the World Trade Organization Agreements, namely TRIMs (Trade-related Investment Measures), TRIPS (Agreement on Trade-Related Aspects of Intellectual Property Rights) and the Agreement on Agriculture.
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Perone, Francesco. "Settlement of anti-dumping cases by price undertaking : the European Community and United States practice." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23963.
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The GATT Anti-Dumping Code provides that anti-dumping proceedings may be concluded without the imposition of duties if the exporters of the dumped product offer undertakings which the authorities of the importing country consider acceptable. Undertakings are, in essence, formal commitments by exporters under anti-dumping investigation to abstain from dumping or to ensure that their exports will not injure the domestic producers of the product concerned. In accordance with the GATT rules, he anti-dumping laws of the European Community and the United States contain provisions allowing the anti-dumping authorities to accept price undertakings. In practice, however, the use of undertakings in the two jurisdictions has been considerably different. This thesis analyzes and compares the law and practice of the European Community and the United States with regard to price undertakings.
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Mohammed, Anass. "An assessment of Ghana's anti-dumping regime in line with the World Trade Organisation Anti-Dumping Agreement." University of the Western Cape, 2017. http://hdl.handle.net/11394/6386.
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Magister Legum - LLM (Mercantile and Labour Law)The establishment of an anti-dumping regime has become commonplace for many a government that seeks to protect and promote its local industries. One reason which appears to be dominant by its proponents is the need to curb predatory pricing. Another reason given by the proponents of anti-dumping is the need to maintain a level playing field for players in any particular industry. With these reasons and probably many others, anti-dumping legislation began to find its way into present-day trade. Canada, with its anti-dumping statute of 1904 [An Act to Amend the Customs Tariff 1897, 4 Edw VIII, 1 Canada Statutes 111 (1904)] is credited with the first modern anti-dumping legislation. New Zealand followed in 1905 with the Agricultural Implement Manufacture, Importation and Sale Act 1905, which was primarily meant to protect New Zealand's manufacturers of agricultural implements. The Industries Preservation Act 1906 which Australia enacted was to deal with market monopoly by manufacturers but it also contained provisions on anti-dumping. The first decade of the 20th century will thus qualify to be called the introductory decade of anti-dumping legislation.
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Caliani, Giulio. "Efeitos das ações anti-dumping do Brasil sobre suas importações: uma análise atualizada." Universidade de São Paulo, 2018. http://www.teses.usp.br/teses/disponiveis/96/96131/tde-22082018-085016/.
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Nos últimos anos, o Brasil tornou-se um dos maiores peticionários de ações anti-dumping, medidas de defesa comercial que têm por objetivo evitar a discriminação internacional de preços que caracteriza a prática de dumping. Este trabalho avalia os efeitos das ações anti-dumping do país sobre os fluxos de importação originários dos países sujeitos e não sujeitos às suas investigações. Os resultados sugerem que as ações anti-dumping reduziram as importações provenientes dos países investigados (destruição de comércio), mas elevaram as importações provenientes dos países não investigados (desvio de comércio). Contudo, uma análise baseada na decomposição da variável de estudo em unidades e valores unitários revela que o desvio de comércio foi na verdade resultado de uma elevação generalizada dos preços de importação. Portanto, as ações anti-dumping do Brasil demonstraram eficácia tanto em restringir as importações acusadas de dumping quanto em proteger a indústria doméstica.In the last years, Brazil has become one of the heaviest petitioners of anti-dumping actions, trade defense measures with the objective of avoiding international price discrimination that characterize dumping practice. We evaluate the effects of the country\'s anti-dumping actions on the import flows from countries that were subject to and not subject to investigations. Our findings suggest that anti-dumping duties decreased imports of targeted countries (trade destruction) but increased imports of the non-targeted countries (trade diversion). Yet, an analysis based on the main variable decomposition in units and unit values reveals that trade diversion was actually a result of an overall rise on import prices. Therefore, Brazil\'s anti-dumping actions revealed to be effective both in restricting dumped imports and in protecting the domestic industry.
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Zhu, Feng 1979. "Anti-dumping laws under the WTO : a comparative study with emphasis on China's legislation." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=82677.
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Although the WTO anti-dumping rules have been created to reconcile and monitor domestic anti-dumping measures, different jurisdictions still have tremendous variations in their domestic anti-dumping legislation and interpretations. Such differences may suggest opportunities for further innovations, especially for countries where the anti-dumping legislation is under-developed, such as China. Through a comparative study of the domestic anti-dumping legislation among the United States, the European Community, and China, problems and opportunities for the innovation of China's anti-dumping law will be found.
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Cornelis, Joris. "The EU's anti-dumping policy towards China a discriminatory policy and unfair methodology? /." Click to view the E-thesis via HKUTO, 2005. http://sunzi.lib.hku.hk/hkuto/record/B3655084X.
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Chun, Cheong-Ghi. "A comparative study on anti-dumping laws in the EU and Korea in the context of international rules." Thesis, Boston Spa, U.K. : British Library Document Supply Centre, 1996. http://ethos.bl.uk/OrderDetails.do?did=1&uin=uk.bl.ethos.318354.
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Stemele, Lubabalo. "The implications of anti-dumping measures for global value chains - the case of South Africa." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/23707.
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Antidumping policies have developed into essential trade elements in the local and global markets as they can facilitate the adoption of favorable trade policies. The introduction of antidumping policies in South Africa across GVCs has remained instrumental as they have directly influenced the social and economic structures of GVCs and local businesses operating in the region. Anti-dumping policies remain crucial in the development of a competitive and fair business environment. The study explores the impact of anti-dumping policies on GVCs in South Africa through a review of the economic, financial, cultural and social influences of the policies on the local businesses and environment. The review of anti-dumping policies and consequent impact on GVCs remained crucial in the identification of the importance and impact of policy on local and global businesses. The analysis provides an exploration of the impact of globalization and a changing business environment on the workings of an organization and the global market. The study adopts a quantitative analysis that utilized correlation analysis in identifying the impact of anti-dumping policies on GVCs. The results highlight the importance of anti-dumping policies and consequent impact GVCs in South Africa. The majority of the study respondents maintain that the adopted anti-dumping measures remained in-line with the adopted global trade objectives, but also highlighted the existence of a shortfall within the policy implementation process in South Africa. The majority of the respondents maintain that there was no need to remove the historically adopted policies as they remain relevant to the modern day trade processes. However, the study respondents maintain that several additions and changes may be incorporated to cater to the changing trade needs presented by the market. The adoption of recommendations would facilitate the development of a strong trade policy that would promote the strengthening of regional ties. Therefore, the majority of respondents remained in favor of the AD policies in relation to competitive policies and promoted the adoption of additional policies relating to the reduction of labor disruptions, improved infrastructure and the education system. The development of effective manufacturing and implementation systems together with adoption of effective logistical processes would facilitate the adoption and success of the existent trade regulations.
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Mathieu, Josue. "Fighting unfair trade, leveling the playing field, enforcing trade rights. The construction of trade protection in the United States and the European Union." Doctoral thesis, Universite Libre de Bruxelles, 2019. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/284624.
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The PhD dissertation studies the construction of trade protection in the United States and the European Union. It focuses in particular on measures of contingent protection, comprising anti-dumping duties, countervailing duties and safeguards. The dissertation adopts a constructivist approach based on narrative analysis: broadening the conventional scope of political economy research on trade, the analysis combines the study of narratives with the concept of ‘discourse coalition’. The period under investigation spans over the period 2010-2014, covering the Obama Administration and the mandate of European Commissioner for trade Karel De Gucht. Adopting a comparative approach of the US and EU trade policy, the dissertation provides a detailed analysis of the US administration’s and the European Commission’s discourses on trade protection, and includes an analysis of a large array of other actors’ alternative, or competing constructions of contingent protection. The dissertation demonstrates that a specific type of unilateral enforcement plays an underestimated role in the construction of contingent protection. It also emphasizes that policy actors consider contingent protection as necessary to convince people that the trading system is fair; the research proposes the concept of ‘discursive embedded liberalism’ to account for this specific construction of trade protection. The research underlines elements of continuity and change, showing that many elements of the current crisis within the international trade regime were already in the making in the period under investigation.Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished
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Cornelis, Joris. "The EU's anti-dumping policy towards China: adiscriminatory policy and unfair methodology?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2005. http://hub.hku.hk/bib/B3655084X.
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Zhang, Hong. "The study of EU's anti-dumping decision against China steel industry." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3953525.
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Farah, Paolo Davide. "L'intégration de la Chine dans l'Organisation mondiale du commerce." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32085.
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Notre thèse a pour but de réfléchir à cette question majeure, de tenter de résoudre cette impasse : le droit du commerce international contemporain a été élaboré à partir de principes libéraux pour réaliser la libre circulation des marchandises et des services (OMC, GATT, GATS…), sans toutefois tenir compte des différentes barrières culturelles internes des pays (par exemple en Chine), ni de considérations « autres que d’ordre commercial ». Comment dépasser les barrières internes ? Comment intégrer les valeurs non commerciales ? La Chine est à la fois une partie du problème et une partie de la solution à cette question. Une partie du problème en ce que les frictions entre les principes de libre circulation et les habitudes propres à une aire culturelle donnée sont particulièrement vivaces dans le cas de la Chine et font sans cesse surface dans le cadre des exigences de régulation. Une partie de la solution aussi en ce que son engagement pour les technologies vertes et les énergies renouvelables donne plus poids à la nécessité d’élargir les lois étroites du commerce pour prendre en compte les considérations autres que commercialesThis doctoral thesis will aim at addressing the following problematic issue: contemporary international trade law has been established on liberal (free trade) principles in order to allow the free movement of goods and services (WTO, GATT, GATS, etc.), without taking into account other countries internal cultural barriers (for example in China), or non-trade concerns (NTCs). How to overcome internal barriers? How to integrate non-trade concerns? China is part of the problem as well as part of the solution. On one hand frictions between global free-trade principles and local cultural habits are overwelhming present in China and continuously interfere with the requirements of trade regulation. On the other China’s involvement in green technology or renewable energies give more weigth to the necessity of extending the international trade framework to include non-trade concerns in its definition
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Santoro, Valéria Figueiró. "Dumping a partir de uma abordagem dogmática e aplicada no âmbito da OMC: estudo de caso." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-04012011-155550/.
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Dumping, no sentido técnico-jurídico do termo, vem a ser, segundo definição encontrada no próprio Acordo Antidumping, da OMC Organização Mundial do Comércio (artigo VI, GATT 1994), a exportação de um produto por valor inferior ao preço que ele normalmente seria vendido no mercado exportador. Como se pode vislumbrar a partir desta definição, é uma prática que ocorre em razão de uma operação de comércio internacional. O processo de investigação do dumping, que poderá resultar na adoção de direitos antidumping, normalmente é complexo, sendo um dos mais instigantes e atuais temas relacionados ao direito econômico internacional e ao direito do comércio internacional. A aplicação de direitos antidumping, ao mesmo tempo que deve buscar a anulação dos efeitos danosos causados pela prática do dumping, deve ser utilizada de forma comedida pelo país lesado, ou seja, não podem tais direitos significar uma barreira injusta ao livre comércio, sob pena de restar violado e desvirtuado um dos principais fins do sistema OMC, qual seja, a busca de um comércio internacional livre, isto é, isento de quaisquer espécies de barreiras, sejam elas tarifárias, ou não tarifárias. Por derradeiro, cabe dizer ainda, que esta dissertação de Mestrado será dividida em duas partes: a primeira, na qual se abordará os principais aspectos relacionados ao dumping e aos direitos antidumping; e, a segunda, onde será analisado o caso WT/DS141/R Comunidades Européias vs. Índia Direitos antidumping sobre importações de roupa de cama.Dumping, in its technical-judicial meaning, is the exportation of a product at a price lower than the one at which it usually would be sold in the exporting market, as defined by the WTO World Trade Organization Anti-Dumping Agreement itself (Article VI, GATT 1994). As we can see, based on this definition, dumping is a practice that necessarily occurs as the result of an international trade operation. The dumping investigation process, which may lead to anti-dumping duties, is often complex, and it is one of the most provocative and present subjects related to the International Economic Law and to the International Trade Law. The application of anti-dumping duties, while one must seek to nullify the damaging effects caused by dumping imports, on the other hand, one can not forget that the anti-dumping duties must be reasonably utilized by the injured country, that means, such duties can not lead to an unfair barrier to the free trade, otherwise one the WTO systems main goals, which is the search for free international trade exempt from any kind of barrier, be they tariff or non-tariff barriers, may be violated and disparaged. Finally, this thesis for the Master Degree at USP, will be divided in two parts: the first one will discuss the main aspects of dumping and the anti-dumping duties; and the second one, where the author will analyse, in a deep approach, a specific case decided in the scope of the dispute settlement body (DSB), where the occurrence of dumping and the application of anti-dumping duties was discussed (WT/DS141/R European Communities vs Índia cotton-type bed linen).
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Asiimwe, Esther Mucwa. "Exploring the adoption and implementation of national anti-dumping measures in Uganda in the light of regional and international trade obligations." University of the Western Cape, 2017. http://hdl.handle.net/11394/5916.
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Magister Legum - LLM (Mercantile and Labour Law)A tariff on imports (or customs duty) is a government imposed financial charge or tax on imported goods. It can be levied as a percentage of the import's value or as a specified tax per unit cost. Countries have debated the issue of tariffs in international trade for a long time. On one hand, tariffs are considered to be barriers to trade as they restrict market access, whereas there is also argument that they are necessary to protect or promote domestic industries against foreign competition.
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Custódio, Guilherme Zambalde Portela. "Essays on international trade : tariff reductions and welfare gains in the automobile industry during collor/Franco mandates and the effects of antidumping policy on Brazilian exports." reponame:Repositório Institucional da UFPR, 2016. http://hdl.handle.net/1884/43364.
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Orientador : Prof. Dr. Mauricio Vaz Lobo BittencourtDissertação (mestrado) - Universidade Federal do Paraná, Setor de Ciencias Sociais Aplicadas, Programa de Pós-Graduação em Desenvolvimento Ecônomico. Defesa : Curitiba, 26/02/2016
Inclui referências : f. 81-85
Resumo: Esse trabalho compreende dois ensaios: um deles se dedica a avaliar os ganhos de bem-estar obtidos pelos agentes brasileiros durante a redução de tarifa para o setor automobilístico nos mandatos de Collor/Franco, e o outro avalia os efeitos sentidos pelas exportações brasileiras quando são mencionadas ou não em uma investigação antidumping. O primeiro é justificado com base em uma avaliação dos benefícios gerados em um breve período de atípico regime tarifário liberalizante, uma ocasião rara desde que o Brasil optou por industrializar-se via substituição de importações. O segundo ensaio se justifica por uma melhor avaliação acerca dos efeitos gerados pela utilização desse mecanismo de proteção comercial relativamente recente, e nesse caso específico, acerca dos efeitos gerados pelo uso do instrumento antidumping por terceiros contra os exportadores brasileiros no período de 1991 a 1994-07. O primeiro ensaio encontrou ganhos significativos para (consumidores + produtores) de 1991 a 1994/07, considerando uma queda nas tarifas a partir do valor em 1990 (em 2014 BRL 21,442 bilhões). No mais, também foi calculado os ganhos que poderiam ter sido gerados caso as tarifas tivesse caído para zero no mesmo período (em 2014 BRL 191,556 bilhões). No que concerne ao segundo ensaio, foi encontrado um efeito relevante sobre as exportações brasileiras quando o país é citado em uma petição, para ambos os casos em que o processo terminou com aplicação de direito definitivo e os casos terminados com aplicação de direito preliminar somente. Aquele gerou uma forte queda nos anos um e quarto após o início do processo, enquanto este gerou uma forte queda no ano um e uma forte recuperação no ano quatro. No mais, foi encontrada uma possível evidência de desvio de comércio na situação em que o Brasil não foi mencionado no processo, com as exportações brasileiras crescendo. Ainda, foi também encontrado que o setor "metais" foi o setor mais afetado em quantidade pelas investigações, e que esse também foi mais afetado pela redução das exportações brasileiras em comparação com outros setores. Palavras-chave: Análise de bem-estar. Indústria automobilística. Antidumping
Abstract: This work comprises two essays: one of them is dedicated to evaluating the welfare gains Brazilian agents obtained during the Collor/Franco reduction of tariffs for the automobile sector during their mandates, and the other one evaluates the effects Brazilian exports face when they are mentioned or not in an antidumping procedure. The former is justified on the grounds of evaluating the benefits arisen in a brief period of atypical liberalized trade regime, which has been a rare occasion since Brazil opted to industrialize via import substitution. The second one is justified by means of better assessing the effects of this relatively new trade policy, in this specific case, as to the effects of other parties’ use of the policy against Brazilian exporters in a period that spans from 1994 to 2015. The first essay found a significant gain for (consumers + producers) from 1991 to 1994/07, considering a fall in tariffs from 1990’s level of tariffs (in 2014 BRL 21.442 billion). In addition, it was calculated the gains that could have been generated if tariffs had fallen to zero in that very period(in 2014 BRL 191.556 billion). As for the second essay, it was found a relevant effect on Brazilian exports when the country is mentioned in a petition, both for the cases where the process ended with the application of definitive measures and the cases where there was the application of provisional measures. The former case generated a strong fall in years one and four after the beginning of the process, whereas the latter one generated a strong fall in year one and a strong recovery in year four. In addition, it was found a possible evidence of trade diversion in the situation where Brazil was not mentioned in the process, with Brazilian exports rising. Furthermore, it was also found that the "metals" sector was the most affected sector in the amount of cases initiated, and that its exports are more strongly affected by antidumping processes than other sectors. Keywords: Welfare analysis. Automobile industry. Antidumping.
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Farah, P. D. "L'integration de la Chine dans l'Organisation Mondial du Commerce." Doctoral thesis, Università degli Studi di Milano, 2011. http://hdl.handle.net/2434/214666.
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This doctoral thesis aimed at addressing the following problematic issue: contemporary
international trade law has been established on liberal (free trade) principles in order to allow the free movement of goods and services (WTO, GATT, GATS, etc.), without taking into account other countries internal cultural barriers (for example in China), or non-trade concerns (NTCs). How to overcome internal barriers? How to integrate non-trade concerns? China is part of the problem as well as part of the solution. On one hand frictions between global free-trade principles and local cultural habits are overwhelming present in China and continuously interfere with the requirements
of trade regulation. On the other China’s involvement in green technology or renewable energies give more weight to the necessity of extending the international trade framework to include non trade
concerns in its definition.
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Ayuso, Villaseñor Horacio. "Antidumping in North America : analysis from a Mexican perspective with emphasis on NAFTA Chapter 19." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78199.
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The increase of antidumping measures could represent a source of mounting frictions in the trading systems among Canada, United States and Mexico. Mexico is an active user of antidumping measures suggesting that both private sector groups and government policy makers have found antidumping measures to be a convenient response to the pressures of import competition.In the last two decades, Mexico has opened its economy to international commerce. Nevertheless, its economy and legal system are not comparable to those of the United States or Canada, although it has adopted analogous antidumping laws. The Mexican antidumping practice is based today on common law practices influencing civil law formalities. In the NAFTA context, more specifically, in its Chapter 19, legal problems facing the binational panel review system have arisen from Mexico's different legal tradition, notably in the areas of transparency and procedural issues, standard of review, parallel amparo and the power of panel vis-a-vis national courts. The procedural requirements of the Antidumping Agreement prove a challenge for Mexico and will likely lead to trade disputes concerning procedure because it lacks the tradition of administrative and legal process.
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Horne, Cynthia Michalski. "Are NMEs our enemies? : non-market economies and western trade policies /." Thesis, Connect to this title online; UW restricted, 2001. http://hdl.handle.net/1773/10703.
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Denner, Willemien. "The possible interaction between competition and anti-dumping policy suitable for the Southern African Customs Union (SACU)." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80350.
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Thesis (MComm)--Stellenbosch University, 2013.ENGLISH ABSTRACT: Recently countries have become more aware of the potential anti-competitive effects of anti-dumping measures. This is mostly due to the view that anti-dumping measures, as trade policy instruments, are at odds with the objectives of competition policy. According to many economic writers the only rational economic justification for anti-dumping measures is predatory dumping as an extreme form of price discrimination. Apart from the dramatic change in the economic justification for the use of anti-dumping measures over the last decades, there has also been a significant change in the countries that implement these measures. Since the Uruguay Round of Multilateral Trade Negotiations there has been a shift from developed countries to developing countries being the main users of these policy tools. In the last couple of years the member countries of the Southern African Customs Union have been under increased pressure by private firms to enable the use of anti-dumping measures on intra-regional goods trade. However, the appropriateness of utilising these measures on intra-regional trade in the context of a custom union has been a contentious issue in recent economic debate. These measures erect trade barriers among the member states which are against the basic premise of a customs union. This has resulted in most economists calling for the prohibition and replacement of anti-dumping measure with either coordinated domestic or harmonised regional competition policies. In developing the regional and national policies on anti-dumping the SACU member states can follow two main stream approaches. The first is the incorporation of various competition principles into anti-dumping rules to limit the negative welfare and anti-competitive effects of utilising anti-dumping measures, while the second is the abolition of anti-dumping measures in the region which is then replaced by competition policy. The option best suited for SACU depends on the differing viewpoints on implementing anti-dumping measures in a customs union. However, irrespective of which policy combination is chosen, regional and national polices and authorities will have to be created, adapted and/or amended in order to have an effective interaction between anti-dumping and competition policies applicable to intra-regional trade.
AFRIKAANSE OPSOMMING: Lande het ontlangs meer bewus geword van die moontlike negatiewe uitwerking wat maatreëls teen storting van goedere in markte kan hê op plaaslike en internasionale mededinging. Dit is hoofsaaklik as gevolg van die siening dat teen-stortingsmaatreëls, as instrumente van handelsbeleid, se doelwitte teenstrydig is met die van mededingingsbeleid. Volgens vele ekonomiese skrywers is die enigste rasionele ekonomiese regverdiging vir teen-stortingsmaatreëls predatoriese storting as ‘n uiterse vorm van prysdiskriminasie. Afgesien van die dramatiese verandering in die ekonomiese regverdiging vir die gebruik van teen-storingsmaatreëls oor die laaste dekades, het daar ook ‘n beduidende verandering plaasgevind in die lande wat hierdie maatreëls om goedere handel implementeer. Sedert die Uruguay Rondte van Multi-laterale Handelsooreenkomste het daar ‘n verskuiwing plaasgevind van ontwikkelde lande na ontwikkellende lande as die belangrikste gebruikers van hierdie beleidsinstrumente. In die laaste paar jaar het private firmas die lidlande van die Suider-Afrikaanse Doeane-Unie onder toenemede druk begin plaas vir die gebruik van teen-storingsmaatreëls op invoere vanaf die res van die streek. Alhoewel, huidiglik is die toepaslikehid van die gebruik van hierdie maatreëls op handel, in die konteks van ‘n doeane-unie, steeds ‘n omstrede kwessie binne ekonomiese dabatte. Hierdie maatreëls rig handelsversperrings tussen lidlande op wat teen die basiese veronderstelling van ‘n doeane-unie is. As gevolg hiervan is die meeste ekonome van die opinie dat teen-storingsmaatreëls vervang moet word met óf gekoördineerde binnelandse of geharmoniseerde streeks- mededingingsbeleid. Die SADU-lidlande kan twee benaderings volg in die ontwikkeling van streeks- en nasionale beleid oor teen-storingsmaatreëls. Die eerste is the insluiting van verskillende mededingingsbeginsels in bepalings wat handel oor teen-storingsmaatreëls om sodoende die moontlike negatiewe gevolge van hierdie maatreëls te beperk. Die tweede opsie is om teen-storingsmaatreëls op streeks-invoere met bededingingsbeleid te vervang. Die mees gepasde opsie sal af hang van die verskillende standpunte rondom die toepaslikheid van teen-stortingsmaatreëls in ‘n doeane-unie. Alhoewel, ongeag die beleidskombinasie wat gekies word sal nasionale en streeks-beleid en owerhede geskep, aangepas en/of gewysig moet word ten einde ‘n effektiewe interaksie tussen teen-storingsmaatreëls en mededingingsbeleid binne SADU te verseker.
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Kraus, Christiane. "Import tariffs as environmental policy instruments /." Dordrecht [u.a.] : Kluwer Acad. Publ, 2000. http://www.loc.gov/catdir/enhancements/fy0821/00039111-d.html.
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PROPERSI, GIULIA MARGHERITA ELISABETTA. "DUMPING SOCIALE E RAPPORTI DI LAVORO CON ELEMENTI DI INTERNAZIONALITA'. UNA ANALISI COMPARATA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2020. http://hdl.handle.net/10280/75596.
Full textAbstract:
Il presente lavoro ha ad oggetto una analisi comparata tra Europa ed America Latina in merito al fenomeno del dumping sociale e al suo stretto rapporto con il contratto di lavoro internazionale e le relative condizioni di lavoro.
Il lavoro di ricerca ha richiesto lo studio e l’analisi di fonti “variegate” e multidisciplinari in quanto si tratta di un fenomeno poliedrico, relativamente recente e che è stato oggetto di interpretazioni molto diverse, se non antitetiche.
L’obiettivo della presente analisi è molteplice. In primo luogo, si è trattato di definire il perimetro del fenomeno, astraendone una possibile definizione, tuttora assente nel panorama normativo vigente. In secondo luogo, si è voluto, mediante una analisi comparata tra Europa e America Latina, verificare l’andamento del dumping sociale in differenti contesti, in particolare, in un Paese industrializzato e in un Paese in via di sviluppo. Con il terzo e ultimo obiettivo, facendo emergere luci ed ombre del dumping sociale, si è cercato di individuare un percorso futuro dove fosse possibile – mediante comportamenti proattivi da parte di tutti gli attori coinvolti – arginare i fenomeni negativi del dumping e tutelare sempre più i diritti sociali.The thesis concerns a comparative analysis between Europe and Latin America regarding the phenomenon of social dumping and its close relationship with the international employment contract and related working conditions. The research has required the study and analysis of "varied" and multidisciplinary reference sources, taking into account that it is a multifaceted phenomenon, which has become more common in relatively recent periods and has been the subject of very different interpretations, sometimes even antithetical. The aim of this research is multiple. Firstly, the thesis sought to define the perimeter of the phenomenon, extracting a possible legal definition, which is still absent in the existing regulatory framework. Secondly, through a comparative analysis between Europe and Latin America, the research analyzed the trend of social dumping in different contexts, in particular, in a developed and in a developing country. In its third and last objective, the thesis, by taking out the pros and cons of social dumping, tried to identify a future path in where it will be possible – through proactive behavior on behalf by all those involved – to make a positive contribution to counter the negative phenomena of dumping while increasingly protect social rights.
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PROPERSI, GIULIA MARGHERITA ELISABETTA. "DUMPING SOCIALE E RAPPORTI DI LAVORO CON ELEMENTI DI INTERNAZIONALITA'. UNA ANALISI COMPARATA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2020. http://hdl.handle.net/10280/75596.
Full textAbstract:
Il presente lavoro ha ad oggetto una analisi comparata tra Europa ed America Latina in merito al fenomeno del dumping sociale e al suo stretto rapporto con il contratto di lavoro internazionale e le relative condizioni di lavoro.
Il lavoro di ricerca ha richiesto lo studio e l’analisi di fonti “variegate” e multidisciplinari in quanto si tratta di un fenomeno poliedrico, relativamente recente e che è stato oggetto di interpretazioni molto diverse, se non antitetiche.
L’obiettivo della presente analisi è molteplice. In primo luogo, si è trattato di definire il perimetro del fenomeno, astraendone una possibile definizione, tuttora assente nel panorama normativo vigente. In secondo luogo, si è voluto, mediante una analisi comparata tra Europa e America Latina, verificare l’andamento del dumping sociale in differenti contesti, in particolare, in un Paese industrializzato e in un Paese in via di sviluppo. Con il terzo e ultimo obiettivo, facendo emergere luci ed ombre del dumping sociale, si è cercato di individuare un percorso futuro dove fosse possibile – mediante comportamenti proattivi da parte di tutti gli attori coinvolti – arginare i fenomeni negativi del dumping e tutelare sempre più i diritti sociali.The thesis concerns a comparative analysis between Europe and Latin America regarding the phenomenon of social dumping and its close relationship with the international employment contract and related working conditions. The research has required the study and analysis of "varied" and multidisciplinary reference sources, taking into account that it is a multifaceted phenomenon, which has become more common in relatively recent periods and has been the subject of very different interpretations, sometimes even antithetical. The aim of this research is multiple. Firstly, the thesis sought to define the perimeter of the phenomenon, extracting a possible legal definition, which is still absent in the existing regulatory framework. Secondly, through a comparative analysis between Europe and Latin America, the research analyzed the trend of social dumping in different contexts, in particular, in a developed and in a developing country. In its third and last objective, the thesis, by taking out the pros and cons of social dumping, tried to identify a future path in where it will be possible – through proactive behavior on behalf by all those involved – to make a positive contribution to counter the negative phenomena of dumping while increasingly protect social rights.
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Cruz, Tatiana Lins. "O uso de medidas antidumping como mecanismo de barreira à entrada no mercado brasileiro." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2135/tde-26022016-112122/.
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As medidas antidumping são uma exceção ao livre comércio e como tal deveriam ser usadas com restrição. No entanto, desde o GATT 1947 há preocupação com o uso abusivo de tais medidas, podendo ser o mecanismo utilizado não apenas para possibilitar a recuperação da indústria doméstica prejudicada pelas importações objeto de dumping, objetivo do Acordo Antidumping (AAD), mas com o fim de proteger a indústria nacional da concorrência estrangeira. Desta forma, o objetivo do presente trabalho é apresentar as principais características do AAD firmado ao final da Rodada Uruguai que culminou na constituição da Organização Mundial do Comércio (OMC), incluindo seus antecedentes históricos e a possibilidade de aplicação discricionária, demonstrando como uma norma surgida no plano internacional em decorrência de um acordo multilateral vem sendo utilizada pelo Brasil, com a finalidade de se demonstrar a possibilidade de uso das medidas antidumping como barreira à entrada no mercado brasileiro. Confirmada a possibilidade de uso abusivo desse instrumento de defesa comercial, ainda que no plano teórico, uma vez que não é possível analisar os efeitos reais das medidas aplicadas, serão apresentadas as formas de contrabalanço ao protecionismo atualmente existentes no próprio AAD e sua incorporação e utilização pelo Brasil bem como a possibilidade de questionamento de tais medidas como práticas anticompetitivas com fundamento na legislação antitruste perante as autoridades de defesa da concorrência. Serão ainda analisadas outras possibilidades de contrabalanço ao uso exacerbado das medidas antidumping em debate e viabilidade das mesmas no cenário atual em que se verifica, de um lado, o aumento de uso de tais medidas pelos países Membros da OMC, destacando-se o Brasil e, de outro lado, impasse nas negociações multilaterais, cabendo aos Membros tomarem decisões unilaterais sobre a aplicação de tais medidas, seu grau de intensidade e forma de aplicação a depender da proteção que se pretende garantir à indústria nacional.Antidumping measures are an exception to the free trade and as such they should be used with restrictions. However, since GATT 1947 there is a concern regarding the abuse in the use of such measures, being possible the use of the instrument not only to make possible the recovery of the domestic industry that was injured by the dumped imports, purpose of the Antidumping Agreement (ADA), but also with the purpose of protecting the domestic industry of the foreign competition. Thus, the purpose of this Masters Thesis is to present the main aspects of the ADA signed as a result of the Uruguay Round, that led to the establishment of the World Trade Organization (WTO), including its historical background and the possibility of discretionary application, being demonstrated how a rule emerged in an international level as part of a multilateral agreement has been used by Brazil. The purpose is to demonstrate the possibility of the use of the antidumping measures as a barrier to entry in the Brazilian market. Being confirmed the possibility of the abusive use of this trade defense instrument, even if only in theory, since it is not possible to analyze the actual impacts of the applied measures, it will be present the possibilities to counterbalance the protectionism that are established in the ADA, namely the public interest clause and the lesser duty rule, and their adoption and use by Brazil and possibility of challenging such measures as anticompetitive practices based on the antitrust law before the Brazilian Antitrust Authority. Additional possibilities under debate and their feasibility to counterbalance the abuse in the use of the antidumping measures will also be analyzed in the actual scenario where, on one hand, there is the increase of such measures by WTO Members in general and mainly Brazil and, on the other hand, there is an impasse in the multilateral negotiations. The Members will have to unilaterally decide on the implementation of such measures, the level of its intensity and form of application depending on the intended protection to ensure the domestic industry.
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Laporta, José Luis. "The standard of review under the North American Free Trade Agreement Chapter 19, a comparative study with particular emphasis on the law of Mexico." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64287.pdf.
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Castello, Illione Alejandro. "Modification of the Mercosur Social-Labor Declaration (2015): an advance in the construction of the social dimension of the integration process." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123442.
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This contribution analyzes the role fulfilled by International Labor Standards and, specifically, by social clauses in Free Trade Conventions and Agreements, as a way of preventing social dumping and building a social dimension in the globalization and regionalization of economy. The author offers the case of the MERCOSUR Labor and Social Declaration, issued in 2015, which amends that of the year 1998, studying its contents, legal efficacy and supervision mechanisms. He emphasizes the fact that social charters generally limit themselves to recognizing fundamental or basic labor rights already found in the legislation of the member countries, but which are nonetheless useful for hindering attempts to deregulate or relax social and labor provisions.En la presente contribución, se analiza el rol que cumplen las Normas Internacionales del Trabajo y en particular las cláusulas sociales en los Tratados y Acuerdos de Libre Comercio, como forma de evitar el dumping social y c onstruir u na d imensión s ocial e n l a g lobalización, mundialización y regionalización de la economía. El autor expone el caso de la Declaración Social Laboral del MERCOSUR, aprobada en el 2015, que revisa la sancionada en el año 1998, estudiando su contenido, su eficacia jurídica y los mecanismos de contralor. Destaca que las Cartas sociales generalmente se limitan a reconocer derechos laborales fundamentales o básicos que ya se encuentran contemplados en los ordenamientos de los países que se integran, pero que igualmente sirven para poner un freno alos intentos de desregular o flexibilizar la normativa socio-laboral.
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Li, Lei. "Community interest in the European antidumping law." Thesis, University of Macau, 2006. http://umaclib3.umac.mo/record=b1637074.
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Voldřichová, Jana. "Nástroje obchodní politiky uplatňované v mezinárodním obchodě s textilem." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-16519.
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The goal of this thesis is to describe the most important trade policy instruments that have been used in international trade in textiles since the second half of the 20th century, and to deduce the implications of the instruments on the textile sector, mainly the European one. The thesis introduces the classification of instruments in the trade policy used in the international trade in textiles and economic consequences of chosen instruments; brief characteristics of evolution of international trade in textiles since the second half of the 20th century, change in localization and sector structure of the textiles and clothing industry and main trends in its evolution. There are described most important multilateral agreements concerning the trade in textiles: Short-Term Arrangement regarding International Trade in Cotton Textiles, Long-Term Arrangement regarding International Trade in Cotton Textiles, Multifibre Arrangement, Agreement on Textiles and Clothing and current trends in contractual instruments followed by autonomous instruments such as anti-dumping and anti-subsidy measures and particular cases. The thesis includes consequences of the instruments mentioned above. In the last chapter, the trends in the evolution of instruments are summarized and the reflection on possible solutions for the European, and thus also Czech textile and clothing industry, is mentioned.
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Bekker, Doreen. "The determination of dumping and the use of anti-dumping measures in international trade." Thesis, 2004. http://hdl.handle.net/10500/983.
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The purpose of this thesis is to investigate the use of anti-dumping measures in order to make economic sense of what seems to amount to cheating on an international agreement. There are numerous loopholes in the Anti-dumping Agreement which allow anti-dumping measures to be used as a form of protection by import-competing industries against fair trade. Some of these loopholes are of a purely legal nature, while others are more practical.
During an anti-dumping investigation, a dumping margin is calculated in order to establish whether or not an accused exporter is dumping. This calculation is known as the determination of dumping. In this thesis, the various ways in which the dumping margin can be manipulated or ”captured” are investigated. It is shown that there are numerous ways in which the determination of dumping result can be manipulated in order to ensure a positive dumping result.
And economists are concerned about this abuse of anti-dumping as it could have a chilling effect on international trade.
However, it is shown in this thesis that anti-dumping investigations are concentrated in certain sectors. In other words, anti-dumping measures (and other non-tariff remedies) are being used as a strategy to protect certain industries. Adam Smith, the ”father” of economics, pointed out that certain sensitive or strategic industries may need to be protected, even if such protection is at the cost of economic welfare. So, it seems that the economic issue is not really about dumping, but about whether or not certain strategic industries should be protected. And it is the protection of these strategic industries, for example the iron and steel industry, that needs further research.Economics
D. Comm. (Economics)
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Oh, Sang myon. "Essays on dumping and the effects of antidumping laws." Phd thesis, 1994. http://hdl.handle.net/1885/128761.
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The dissertation addresses various issues related to dumping and antidumping laws
(ADL). It consists of five independent essays including one chapter of literature survey.
Chapter 2 provides a literature survey on dumping and the effects of ADL. We analyse
the results of previous studies and illustrate that excessive AD actions, rather than
dumping itself, cause problems in international trade. We argue that such trade-chilling
practices should be constrained through changes in the current AD system and
international cooperation on AD matters. In chapter 3, we examine the effects of ADL
on firm reaction. We illustrate various potential outcomes including the cases where the
exporter specialises in a more profitable market and when the exporter relocates its
export facility to the export market. In a two-period context we analyse the factors that
affect the degree of reactions of frrms under ADL. We argue that the popular argument
for a strict AD measure which generates tariff revenues may become less convincing in a
two-period model. We also address the problems associated with the loose injury
criteria in ADL. We show that, when the injury criteria are seen to be manipulable by
firms, firms may exhibit perverse reactions to create future protection. In chapter 4 we
analyse the effect of ADL in an industry with a learning-by-doing effect. Interestingly,
while ADL is detrimental to the social welfare of the ADL-enforcing country when
below-cost dumping occurs, it may be welfare-improving when below-cost dumping
does not occur. This is so because ADL changes the rule of competition between frrms.
But, such gains under ADL may be dissipated by the 'normal profit' provision in ADL.
By introducing uncertainty into the model, we show that uncertainty rather than unfair
trade practices by the foreign country (closed market) may have caused the soft entry of
the foreign firm into the home market. In addition to the problems arising from the
asymmetric application of competition rule under ADL, this result casts doubts on the
legitimacy of the US trade policy on semi-conductor trade with Japan. In chapter 5, we
address the problems associated with the frequently observed AD actions by domestic
input producers. It is well known that the imposition of AD duties on imported inputs will generate conflict with national interest because final good producers will lose
competitiveness due to the higher input price. Using the results of vertical equilibrium in
successive oligopolistic markets, we analyse the strategic aspect of the threat of vertical
integration in detennining AD actions by input producers. It turns out that the possibility
of vertical integration working as a deterrent to AD actions is limited to cases where the
market share of imports and/or the AD tariff rates are low. However the social cost of
AD actions arising from the imposition of AD duties may be reduced through an
increase in the number of vertically integrated firms if the cost of vertical integration is
not too high. Therefore, there exists conflict between ADL and antitrust laws when
vertical integration becomes difficult due to the high cost of vertical integration (strict
antitrust laws). Finally, in chapter 6, we ask why ADL is preferred to free trade as a
trade policy among countries. The nature of the political support function (whether the
government is impartial or extreme protectionist) and/or the size of transportation cost
are the critical factors which detennine the choice of trade policy of governments. Our
results suggest that, given the prevalence of AD actions across industries regardless of
the size of transportation cost, political pressure by industries seems to be the driving
force which detennines the choice of trade policy. Surprisingly, countries are always
made better off by an AD war due to the reduction of waste (transportation cost). Also,
we find that the cooperative Nash equilibrium AD duty rates are always lower than the
non-cooperative Nash equilibrium AD duty rates. This result suggests that countries can
improve social welfare through negotiations on AD matters.
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Callaway, Bryan White. "A characterization of optimal strategies in a reciprocal product dumping environment /." 2009. http://hdl.handle.net/10288/1266.
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Andere, Eduardo. "The political economy of protectionism antidumping in the Mexican-U.S. trade relationship /." 1992. http://catalog.hathitrust.org/api/volumes/oclc/29624774.html.
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Xu, Xinpeng. "International trade and environmental regulation : a dynamic perspective." Phd thesis, 1999. http://hdl.handle.net/1885/144721.
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"The Application of Anti-dumping and Countervailing Measures in Australia." University of Technology, Sydney. Faculty of Law, 1996. http://hdl.handle.net/2100/267.
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The application of anti-dumping and countervailing measures has always been controversial, particularly, as they do not address the issue of the level of local value added in the production process. Are these measures simply industry assistance measures under another guise, or are they to protect the 'fair trade' framework to further the opportunity for free trade? All the indications are that these measures reflect the former option. However, the global political climate as represented through the GATT and now the WTO Agreements is to tolerate the imposition of both anti-dumping and countervailing measures provided they are applied according to the provisions of the Agreements. It is becoming increasingly more difficult for any nation state to abolish the right of their 'guest' industries to obtain anti-dumping or countervailing relief, given the economic power of multinational industries operating within their boundaries. The practical issue is for each nation state to use these measures in a way which is of least detriment to their economy. Gruen in 1986 reviewed the application of the then Customs Tariff (Anti-Dumping) Act 1975, and found that there needed to be a tightening-up of the injury test applied to anti-dumping cases. It is recommended that Gruen's tougher injury standards be implemented forthwith. He also recommended a continuing role for the Industry Commission as the appeal body for a review of the facts, and for there to be a continuing assessment of the effects of the measures imposed. The government, however, created an Anti-Dumping Authority attached to the then Department of Industry Technology and Commerce (DITAC), whose member and officers came from that department. The principal function of this body was to review the preliminary decisions of Customs, and to recommend the imposition of duties or acceptance of an undertaking to the Minister. There was no provision for an independent review of facts. One of the results of the increased complexity of the existing process and consequently the law, is a large increase in litigation before the Federal Court. There is a need to simplify the administrative structure and the provisions of the domestic law. The latter should be accomplished by the incorporation of the provisions of the WTO Agreements directly into domestic law. The espoused policy objectives of the government have not been met. The application of anti-dumping and countervailing measures favour import competing industries, and are against countries from which imports are growing. Korea and China have been singled out, with these countries showing the highest incidence of import weighted of anti-dumping measures. They also happen to be countries with which Australia has a trade surplus, a policy factor which is neglected by the administering authorities. There is a need to redress this imbalance. Predation identified by the government as a reason for taking anti-dumping action, has been shown not to be a reason for the application of anti-dumping duties in Australia. As a small country, Australia should take advantage of the use of the WTO dispute settlement process in settling anti-dumping and countervailing disputes. Consultations should commence at the earliest possible stage in inquiries, with the view to the settlement of the dispute by trade negotiation so that the outcome can be beneficial to both parties. This may, for example, allow for the specialisation in production between the two Members. WTO dispute settlement is seen as a positive approach to dispute settlement, whereas the use of the domestic courts tends to elevate the dispute between the parties. The Department of Foreign Affairs and Trade needs to take a leadership role in settling all anti-dumping and countervailing actions through the WTO dispute settlement process, with a view to a positive outcome for both Members. Placing an anti-dumping import tax on intermediate products entering Australia is counter-productive, as it increases the cost of inputs to downstream users. Temporary relief should be given by way of production subsidy, if the matter cannot be resolved through WTO trade consultations.
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Hanauer, Luz Helena. "The interpretation and application of GATT's article XXIII to anti-dumping law and practice." Thesis, 2016. http://hdl.handle.net/10539/20478.
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Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of LawThe research is divided in seven sections where the problem of the interpretation and applicability of Art XXIII GATT to the Laws and Practices under the Anti-Dumping Agreement is examined. Chapter I identifies the problems, raises the research question and gives an overview of the current state of the matters under observation. In Chapter II the general theory of interpretation is studied and subsequently applied to Art XXIII specifically, taking into account the meaning, scope, historical evolution and current interpretations of Art XXIII. Chapter III revises the theory of coherent interpretation of Art XXIII in connection with the Anti-Dumping Agreement specifically. The constitutional structure and principles of the WTO are questioned, dissected and supported to decant a handful of fundamental principles which shall inform the rest of the interpretation applied in the research. This chapter takes the interpretation from an abstract perspective to a material view of a coherent interpretation of both Art. XXIII and the Anti-Dumping Agreement. Chapter IV revises the facts, laws and practices of Anti-Dumping being used as a protectionist measure in disguise both using procedural and substantial arguments which are illustrated in the laws and practices of seven countries. The findings in Chapter IV lead to Chapter V which questions the legitimacy and validity of considering the possible applicability of Art XXIII to the anti-Dumping Agreement as it is currently implemented by the WTO membership. Those reflections lead to the consideration and mention of Competition as a public good in international trade in Chapter VI, which is a key element for the final findings of this research. The conclusion of this research is inclined to suggest that in order to keep the legal system of the WTO functional, a stronger economic constitutional approach that allows for the application of art XXIII in situations subversive to the principles of free trade is necessary. The adaptation of a theory of an economic constitution is proposed.
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Marshall, Kevin Scott. "Administered protection the political economy of U.S. countervailing duty and antidumping regulation /." 1993. http://catalog.hathitrust.org/api/volumes/oclc/33094079.html.
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Laporta, José Luis. "The standard of review under the North American Free Trade Agreement Chapter 19 a comparative study with particular emphasis on the law of Mexico /." 1999. http://catalog.hathitrust.org/api/volumes/oclc/51929973.html.
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Sibanda, Omphemetse Stephen. "South African anti-dumping law and practice : a juridical and comparative analysis of procedural and substantive issues / Omphemetse Stephen Sibanda." Thesis, 2011. http://hdl.handle.net/10394/15814.
Full textAbstract:
This thesis addresses issues of anti-dumping law and practice from a critical
and juridical analysis position. In particular, the thesis seeks to determine
whether the South African anti-dumping regime is compliant with the anti-dumping
regime of the World Trade Organization (hereafter WTO), and to
consider possible solutions for addressing instances where the South African
law is not WTO compatible. The thesis departs from the hypothesis that the
WTO merely requires functional equivalence of the implementation of national
legislation on anti-dumping, and not the verbatim adoption of WTO
jurisprudence and relevant provisions of the Agreement on the Implementation
of Article VI of the General Agreement on Tariffs and Trade of 1994 (hereafter
URAA), into the legislation of State Parties. Some of the provisions of the URAA
are not completely clear, and are cast in convoluted and complicated technical
jargon, leaving loopholes that may be justifiably exploited by State Parties.
The study in this thesis was achieved through the critical analysis of legislation
and relevant legal documents, case law and contemporary literature. The
primary research paradigm used in this study is interpretive and analytical,
which is the same as qualitative research methodology. The legal comparative
research method, with a historical component, also played an important role in
this study.
The literature study undertaken and the critical analyses made of the South
African anti-dumping regime show mixed findings. The South African antidumping
regime was found to have both positive aspects and problematic
aspects when compared with WTO regulations. Some of the critical areas of the
South African anti-dumping regime are WTO compatible whilst others are not.
In some areas the South African anti-dumping regime has adopted functionally
equivalent provisions to the provisions of the WTO law. However, the practice of
the International Trade Administration Commission (ITAC) is sometimes fraught
with inconsistencies. The compatibility of the South African anti-dumping
system with the WTO regime came close to being examined by the WTO on 1
April 1999 in the dispute of South Africa - Anti-dumping
Duties on the Import of Certain Pharmaceutical Products from India based on
allegations that the method for calculating normal value used by the ITAC was
found to be inconsistent with the URAA. Similarly, the conformity of the
procedures and findings of the International Trade and Administration Act
(ITAA) in anti-dumping cases came under attack in the cases of Algorax v The
International Trade Administration Commission and others, and Scaw v The
International Trade Administration Commission and others, respectively.
Finally, the thesis ends with recommendations in response to the challenges
identified and key submissions made throughout the analysis. Key
recommendations include the broadening of the concept of interested parties to
include registered trade unions and trade union federations; introducing an
explicit and mandatory "public Interests" provision to ensure that South Africa's
anti-dumping administration is free from political trappings in the form of the
involvement of the Minister of Trade and Industry; introducing the new section
31 bis of the ADR in order to allow the initiation of anti-dumping petitions by a
registered trade union or trade union federation; providing procedural guidelines
for self-initiation of anti-dumping petitions by the ITAC; increasing transparency
in anti-dumping proceedings and enquires; setting realistic time-lines for all anti-dumping
processes and ensuring compliance with the same; improving the
institutional and functional capacity of the ITAC; amending section 18.3 of the
ADR to allow search and seizure operations pursuant to the provisions of the
Criminal Procedure Act 51 of 1977 and the Customs Act; having a clear
provision on verification visits confidentiality and a clear provision on producer
knowledge; introducing a clear provision in the ADR dealing explicitly with
zeroing pursuant to Article 2.4.3 (ii) of URAA; and the introduction of duty refund
procedures.
It is hoped that the recommendations made in this thesis, which are in the form
of suggested legislative interventions required to upgrade certain areas of South
African anti-dumping law and practice to be fully WTO compliant, will influence
the introduction of suitably crafted anti-dumping legislation in South Africa. It is
further hoped that the thesis will become an invaluable source of information for
practitioners and students, and a critical source on the best practice for the
imposition and implementation of anti-dumping measures. Moreover, the thesis
will add to the body of academic writing on South African anti-dumping law.Thesis (PhD.(Law) North-Wets University, Mafikeng Campus, 2011
43
Ngoma, Leah Love. "A critical analysis of the use of anti-dumping regulation in Southern African Customs Union (SACU) : a case of Botswana." Diss., 2010. http://hdl.handle.net/2263/28454.
Full textAbstract:
This paper critically analyses the use of anti-dumping regulation in the Southern African Customs Union (SACU) with specific reference to Botswana. Dumping takes place where products are introduced into the commerce of another country at less than its normal value, if the export price of the product exported from one country to another is less than the comparable price, in the ordinary course of trade, for the like product when destined for consumption in the exporting country. Anti-dumping duties are an internationally-recognised exception to three core WTO principles namely, bound tariff commitments, most-favoured-nation MFN) and national treatment. The use of anti-dumping in SACU has always been in accordance with existing WTO rules. The new SACU Agreement has important implications for the anti-dumping regime within the customs union. It changed the way in which tariff decisions, including anti-dumping tariffs, are made and it also requires member states to develop legislation on contingency trade remedies such as anti-dumping for the region and to establish national bodies to administer these remedies within different countries. The SACU council has given mandate to the International Trade Administration Commission of South Africa (ITAC) to undertake all trade remedies investigations and imposition of the necessary duties. From the inception of ITAC till now ninety-five percent (95%) of all anti-dumping applications filed at ITAC alleging dumping are instituted by South Africa industries. Thus, only five percent (5%) of all anti-dumping applications are from Botswana, Lesotho, Namibia and Swaziland (BLNS countries). The findings in this paper reveal that Botswana has never filed an application seeking protection of any of its industries. In terms of Article 14 of the SACU Agreement Botswana is in the process of establishing its national body like ITAC. The argument is that, since Botswana has never filed for any trade remedy how effective will this national body going to be? Therefore, critically analyzing the use of anti-dumping regulation is very crucial for Botswana as a SACU member. Such analysis will help assess the effectiveness of SACU institutions such as the tariff board and the Botswana national body to be established.Dissertation (LLM)--University of Pretoria, 2010.
Centre for Human Rights
unrestricted
44
Chiang, Yee-Chun, and 姜宜均. "The Rise of China and the Transformation of International Institutional Rules: the Cases of Anti-dumping Rules and Special Safeguard Mechanism during the Doha Round of the World Trade Organization." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/96110654418435584000.
Full textAbstract:
碩士國立臺灣大學
政治學研究所
99
Since the Chinese economic reform started in 1978, China’s economic power has attracted the world’s attention because of its rapid development. A lot of literatures have argued that is China proving to be a status quo power or a revisionist power, when she faces the current international order which reflected the interests of the United States? This thesis compared two cases, which are “Anti-dumping Rules” and “Special Safeguard Mechanism” during the Doha Round of the World Trade Organization, to analyze: (a) the intention and capability of the behavior of China in the WTO; (b) the impact of economic and trade interests on China’s intention in the negotiations; (c) the impact of the negotiation power on the result of changing the regime. This thesis borrowed the concept of the Power Transition Theory and the framework of the negotiation literatures to define China’s economic and trade interests according to the domestic economic structure and international rules on economic and trade, and to define the negotiation power of the coalition according to its relative economic and trade power compared with the rival coalition. Based on the concept and framework, this thesis proposed two hypotheses, which are: (a) the bigger the economic and trade interests of China are, China will be more active attempting to change the rules; (b) the bigger the negotiation power of China’s coalition has, the result of changing the rules is more obvious. After observing and comparing the two cases, this thesis found out that, (a) anti-dumping measures have little impact on export trade of China, otherwise China is one of the principal users of anti-dumping measures, therefore, China has little incentive to substantially modify the Anti-dumping Agreement. FANs as the main advocate of the negotiation on anti-dumping rules, has influential negotiation power though, the negotiation on anti-dumping rules has made little progress because of fierce opposition from the United States; (b) SSM is a useful remedy for China that could reduce the damage causing by import surges, hence China has enough incentive to opposite the proposal of the United States. In the meanwhile the negotiation power of the rival coalition is weaker, the current trend of the negotiation on SSM consequently is towards to the proposal of China’s coalition. Two hypotheses were both proved.