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Wisuttisak, Pornchai. "Australian Free Trade Agreement/Anti-dumping Clauses: Fair Trade or Anti-competitive Provision". Global Trade and Customs Journal 5, Issue 1 (1 gennaio 2010): 29–41. http://dx.doi.org/10.54648/gtcj2010003.
Testo completoAbstract (sommario):
The anti-dumping clause on free trade agreement is originated as the remedy for protecting fair and competitive international trade. However, the clause can also be deviated to be the instrument of trade protection and the impediment of market competition. This article attempts to focus on the anti-dumping clause for Australian free trade agreement in this regard. It examines how anti-dumping may lead to anti-competitive behaviours, international cartels, and negative effect for consumer interests. It then discusses the conflict between the anti-dumping and competition law. The article proposes the possible solutions on short-and long-term basis to resolve the conflict
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Serences, Roman, e Dagmar Kozelova. "Dumping – Unfair Trade Practice". SHS Web of Conferences 92 (2021): 06033. http://dx.doi.org/10.1051/shsconf/20219206033.
Testo completoAbstract (sommario):
Research background:The Globalisation gradually has removed the protection that has existed to protect producers against unfair trade practices. Existence of imperfect competition within an international trade is presented by descending curve of average costs while increasing economies of scale; it often leads some producers not to adjust the price in relation to the marker. In this case, we speak about dumping.Purpose of the article:The article deals with dumping issue – an unfair trade practice analysing EU trade policy including antidumping, related Slovak legislation, price discrimination and dumping model.Methods:From a methodological point of view, the article is divided into four parts; description of trade policy, antidumping and its legislation, price discrimination and dumping model. Methods of synthesis, critical thinking and graphical analysis were used.Findings & Value added:In practice, accounting of different prices to the various consumers is called a price discrimination. The most common type of price discrimination in foreign trade is a dumping. It is a price practice when a company accounts lower price for exported goods compared to the same goods sale at home. World Trade Organization (WTO) allow counter such injury via trade defence instruments (TDIs). The EU TDIs are appropriate to tackle new challenges to international trade, because the Commission had done to modernise the EU’s basic Anti-Dumping (AD) Regulations.
3
Affandi, Imanudin. "Anti-Dumping Policy as An Effort To Maintain Indonesia's Economic Sovereignty". Law and Justice 8, n. 1 (7 giugno 2023): 45–56. http://dx.doi.org/10.23917/laj.v8i1.1791.
Testo completoAbstract (sommario):
Anti-dumping is an effort to reduce the impact of losses due to dumping practices. In general, dumping practices are considered legal if they do not harm or damage the economy of the country that is the target market for the goods. Anti-dumping is also part of the trade defense mechanism, which is an international legal instrument provided by the World Trade Organization (WTO) to resolve dumping disputes and deal with losses arising from dumping practices in destination countries. The writing of this article uses the normative legal research method, which is research conducted by examining literature (secondary data). legal doctrine, legal theory and other literature to answer the legal issues being researched. This study intends to examine the regulations governing anti-dumping policies in Indonesia and how anti-dumping policies are carried out by the government as an effort and measure to safeguard Indonesia's economic sovereignty. The results of the research show that the regulations governing Anti-Dumping Policy in Indonesia are quite complete and practical. Likewise, the Anti-Dumping Policy carried out by the Government of Indonesia is in line with regulations in the field of international trade as ratified through Law no. 7 of 1994 concerning Ratification of the Agreement Establishing the World Trade Organization.
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Laa Tansa Amalia, Rachel Luna Widyawati, Anintyas Kusuma e Amalia Nurwachidah Rosyadi. "Dumping Practices on Market Balance: A Review of Business Competition in E-Commerce". Journal of Law, Politic and Humanities 4, n. 3 (21 marzo 2024): 155–62. http://dx.doi.org/10.38035/jlph.v4i3.330.
Testo completoAbstract (sommario):
The practice of dumping is an increasing phenomenon in international trade. Dumping is a practice where exporters sell commodities on the international market at prices below fair value or lower than the price in the country of origin or the general price on the international market. This practice is considered unfair because it can damage the market and harm competitors in the importing country. The government can adopt policies and regulations that protect local producers from dumping practices. Industry players can work together to monitor and report suspicious dumping practices. International institutions such as the World Trade Organization (WTO) can play an important role in addressing dumping practices by providing an international legal framework that regulates this practice. This research uses a normative juridical approach with analysis of various relevant laws, regulations and policies. It is hoped that the results of this research will provide a clearer understanding of the practice of dumping and the legal consequences it causes in the perspective of Law No. 5 of 1999 concerning Business Competition in Indonesia.
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Akmaliya, Rifda Ayu, Satria Unggul Wicaksana Prakasa e Sonny Zulhuda. "Anti-Dumping Committee’s Strategy to Confront Dumping Practices: Indonesian Law and International Law Perspective". Journal of Private and Commercial Law 7, n. 1 (31 luglio 2023): 147–66. http://dx.doi.org/10.15294/jpcl.v7i1.44491.
Testo completoAbstract (sommario):
This study investigates the Indonesian Anti-Dumping Committee's role and legal efforts in addressing dumping practices within the context of Indonesia's membership in the World Trade Organization (WTO) and adherence to the General Agreement on Tariffs and Trade (GATT). Previous research has demonstrated the existence of dumping in imported polyester staple fiber products, leading to the committee's proposal of anti-dumping duties. The committee is responsible for receiving reports on alleged dumping and producing final reports. Despite these efforts, the study reveals an ongoing increase in dumping cases, causing significant social, psychological, and economic consequences for the country. The current institution dealing with dumping practices is considered inefficient and ineffective. To gain a comprehensive understanding of the issue, the research employs a sociolegal research method with a disciplinary approach, acknowledging that relying solely on normative law is insufficient to address dumping practices. In conclusion, this study aims to shed light on the Indonesian Anti-Dumping Committee's role and its legal framework in countering dumping practices. The rising dumping cases and the perceived inefficiency of the existing institution are worrisome. By utilizing a sociolegal research method with a disciplinary approach, the study strives to offer a holistic understanding and potentially contribute to more effective solutions in combating dumping practices.
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Davis, Lucy. "Ten Years of Anti-dumping in the EU: Economic and Political Targeting". Global Trade and Customs Journal 4, Issue 7/8 (1 luglio 2009): 213–32. http://dx.doi.org/10.54648/gtcj2009027.
Testo completoAbstract (sommario):
Anti-dumping is at the heart of EU trade policy. Its use is justified on the grounds of eliminating injurious dumping by foreign firms and reestablishing conditions of ‘fair’ trade. Use of anti-dumping has been rising globally, generating concerns about the potential for protectionist abuse of this trade defence instrument (TDI). Most economists are of the opinion that anti-dumping has little to do with ‘unfair’ trade. In general, suspicions are high that domestic industries are turning to anti-dumping as a form of protectionism, and that the EU’s current anti-dumping laws support their efforts. This article takes an in-depth look at the past ten years of anti-dumping usage in the EU. The analysis draws on information from the 332 anti-dumping cases initiated between 1998 and 31 December 2008. Five empirical tendencies have been identified: (1) the main targets of investigations and measures are exporters in emerging markets, particularly in Asia – a growing source of global competition; (2) targeted products are concentrated in sectors where European comparative advantage is declining, that is, raw materials, industrial input goods, and textiles; (3) dumping margins reflect this pattern, being particularly high in the chemicals and steel sectors; (4) duty levels are significantly higher than bound tariffs, particularly in the higher end technology sector; (5) once an anti-dumping investigation has been initiated, definitive measures are the most likely outcome.
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Zubkov, S. A., e G. N. Krainov. "STRUGGLE OF TRADE UNIONS AGAINST SOCIAL DUMPING". World of Transport and Transportation 15, n. 5 (28 ottobre 2017): 218–25. http://dx.doi.org/10.30932/1992-3252-2017-15-5-20.
Testo completoAbstract (sommario):
[For the English abstract and full text of the article please see the attached PDF-File (English version follows Russian version)].ABSTRACT In the context of modern globalization, transnational corporations (TNC) use social dumping in their practice, which is expressed in the export of low-quality economic resources, political ideas or sociocultural values for their own advantage to underdeveloped countries. The authors of the article, using examples from the activities of international transport unions, show their struggle against such dumping, in defense of the labor rights of wage workers, as well as attempts to establish mutually beneficial cooperation between trade unions, business and government. Keywords: globalization, transport trade unions, international transport workers’ federation (ITWF), social dumping, transnational corporations, trade union struggle strategy, labor rights of workers.
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Fujiwara, Kenji. "A Dynamic Reciprocal Dumping Model of International Trade". Asia-Pacific Journal of Accounting & Economics 16, n. 3 (dicembre 2009): 255–70. http://dx.doi.org/10.1080/16081625.2009.9720842.
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Prusa, Thomas J. "Anti-dumping: A Growing Problem in International Trade". World Economy 28, n. 5 (maggio 2005): 683–700. http://dx.doi.org/10.1111/j.1467-9701.2005.00700.x.
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Einhorn, Talia. "Reconciling Israeli Antidumping Law With WTO/GATT International Trade Law Rules". Israel Law Review 32, n. 1 (1998): 81–138. http://dx.doi.org/10.1017/s0021223700015600.
Testo completoAbstract (sommario):
Dumping is defined, basically, as the sale of goods to an export market at a price below that charged for comparable goods in the exporter's home market. The General Agreement on Tariffs and Trade (GATT) does not forbid such action, not even when injurious to the competing domestic industry. However, it has taken the view that dumping constitutes an unfair trade practice. Under GATT, Article VI Contracting Parties (or Members, as they are now termed in the GATT 1994 Agreements) are authorized, as an exception to other GATT obligations, to unilaterally impose antidumping (hereinafter: AD) duties to counteract the effects of dumping. The duties should create a level playing field in which producers all over the world will be able to compete fairly with each other. The principles sound simple and straightforward, yet their application is one of the most contentious topics in international trade law.The economic coherence of AD rules is controversial. In international trade, price discrimination between national markets is typically made possible when the exporter has a powerful position in the home market and re-exportation to that market is not feasible. In the domestic arena price discrimination is countered by the laws of competition and antitrust. International trade law offers states a very different remedy, that first and foremost protects the competing local industry, regardless of the procompetitive or anticompetitive effects of dumping on the market as a whole.
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Howse, Robert, e Robert W. Staiger. "United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products From Japan (AB-2003-5, WT/DS244/AB/R): A Legal and Economic Analysis of the Appellate Body Ruling". World Trade Review 5, S1 (2006): 31–51. http://dx.doi.org/10.1017/s147474560600139x.
Testo completoAbstract (sommario):
The WTO Anti-Dumping (AD) Agreement requires that anti-dumping duties be reviewed at least every five years (Art. 11.3); pursuant to this requirement, domestic trade authorities in the United States are charged with the task of making a determination as to whether, after five years, revoking the duties would be likely to lead to continuation or recurrence of dumping (Commerce) and of material injury (US International Trade Commission, or USITC). This is called a Sunset Review; a negative determination of likelihood, either with respect to dumping or injury, will result in the duties expiring, the “sun” setting, as it were.
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Kondang Pribadi, Adhimaz, e Tirta Gautama. "Role of The WTO (World Trade Organization) To Limit Dumping Practice". Devotion Journal of Community Service 4, n. 2 (23 febbraio 2023): 624–30. http://dx.doi.org/10.36418/devotion.v4i2.415.
Testo completoAbstract (sommario):
International trade is a cross-border buying and selling transaction, which involves two parties and crosses state boundaries. Dumping is a system of selling goods on foreign markets in large quantities at very low prices with the aim that domestic purchase prices are not lowered so that they can eventually dominate foreign markets and regain control of prices. From the above background, the problem in this research is the role of the WTO (World Trade Organization) to limit dumping practices. Answering these problems the researchers used a normative juridical approach. Normative juridical approach is an approach that is based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results of the study show that in GATT it is clear that the position of dumping is an act of unfair trade (unfair trade practice) because it violates the principles of MFN. This is why he considers dumping as Unfair Trade Practice in GATT. Then the anti-dumping regulation in Article VI of the GATT is intended as a policy to overcome dumping. The WTO in this position is as a forum for dispute resolution and provides a conciliation mechanism to resolve trade disputes that arise. So that the position of the WTO is as a facilitator in preventing dumping disputes.
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Hien, Ho Ngoc, e Le Lan Anh. "CRITICAL ASSESSMENTS OF ANTI-DUMPING DISPUTES SETTLEMENT MECHANISM AT THE WTO AND VIETNAM’S PARTICIPATIONS". American Journal of Political Science Law and Criminology 5, n. 8 (1 agosto 2023): 55–62. http://dx.doi.org/10.37547/tajpslc/volume05issue08-11.
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Anti-dumping disputes are types of trade disputes in international trade. There are more and more countries actively conducting anti-dumping investigations on imported goods, including Vietnam’s export goods. Many decisions taken by the Authorities have not received the approval of the involved parties. As a result, disputes over anti-dumping investigations happen. The settlement of anti-dumping disputes has become a necessity for parties to protect their legitimate rights and interests. This prompted the establishment of a dispute settlement body between member countries of the WTO including disputes related to anti-dumping matters. The objectives of this article are to analyze the mechanism of anti-dumping dispute settlement under WTO regulations; use case studies of anti-dumping dispute settlement of WTO to evaluate the role of WTO in anti-dumping dispute settlement mechanism in general; and most importantly, review the effectiveness of Vietnam’s participation as a complainant, respondent, or a third party.
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Widiarty, Wiwik Sri. "Economic Globalization in Protecting Domestic Products through Anti-Dumping Laws". International Journal of Law and Politics Studies 6, n. 2 (2 marzo 2024): 01–05. http://dx.doi.org/10.32996/ijlps.2024.6.2.1.
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Economic globalization has opened up wider international trade opportunities. However, on the other hand, globalization also brings potential threats to domestic industry, one of which is the practice of dumping. This research aims to analyze how economic globalization influences the effectiveness of Anti-Dumping Laws in protecting domestic products. This research uses normative juridical research methods. The data collection technique in this research is a literature study. The data that has been collected is then analyzed in three stages, namely data reduction, data presentation and drawing conclusions. The research results show that economic globalization can positively and negatively impact domestic products. One effort to protect domestic products from the negative impacts of globalization is to use anti-dumping laws. This law aims to protect domestic producers from dumping practices, namely selling imported products at prices lower than the market price in their country of origin. Dumping practices can harm domestic producers and threaten the sustainability of domestic industries. With anti-dumping laws, domestic producers can be protected from dumping practices and compete fairly with imported products. However, protecting domestic products through anti-dumping laws must be carried out wisely and without harm to consumers. Therefore, there needs to be a balance between protecting domestic products and consumer interests as well as healthy international trade.
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Bohanes, Jan. "Developing WTO Members as Users and Targets of Anti-dumping Policy". Global Trade and Customs Journal 16, Issue 10 (1 ottobre 2021): 531–36. http://dx.doi.org/10.54648/gtcj2021063.
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For most of the General Agreement on Tariffs and Trade (GATT) 1947 era, the use of anti-dumping duties was typically limited to a small circle of developed countries. However, starting with the final years of the GATT 1947 era and especially in the WTO era, there has been a considerable expansion in the use of anti-dumping measures in general, and especially by developing countries. Today, developing countries represent the majority of both users and targets of anti-dumping measures. Like developed country users, developing countries have imposed many measures against exporters from other developing countries. The article discusses these trends and the underlying detailed statistics. The article concludes that anti-dumping policy is an integral part of the modern international trade policy landscape, and that the significant and increasing involvement of developing countries both as users and targets gives rise to an increased need for technical capacity on their part. Trade remedies, anti-dumping, safeguards, countervailing duties, developing countries, Advisory Centre on WTO Law (ACWL), users, targets
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Beck, Jochen, e Laurent Ruessmann. "Enforcement of EU TDI Measures: Addressing the Challenges of the 21st Century". Global Trade and Customs Journal 15, Issue 9 (1 agosto 2020): 423–34. http://dx.doi.org/10.54648/gtcj2020082.
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The EU’s trade defence instruments (TDI) enforcement tools are around twenty-five years old and circumvention activities have expanded considerably beyond what the existing rules initially sought to address. This article examines the main enforcement challenges and suggests legislative changes to improve the efficiency and effectiveness of the EU TDI enforcement tools. subsidies, anti-subsidy, countervail, dumping, anti-dumping, circumvention, enforcement, trade, trade defence, absorption, transhipment, channelling, simple assembly, non-cooperation
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Jacobsz, Thinus. "Circumvention of Anti-Dumping Measures: Law and Practice of South Africa". Global Trade and Customs Journal 11, Issue 11/12 (1 dicembre 2016): 521–27. http://dx.doi.org/10.54648/gtcj2016067.
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As a member of the World Trade Organization (WTO), South Africa has honoured its international trade obligations through the enactment of domestic legislation which govern the requirements and procedures for the setting or changing of anti-dumping duties. In line with other WTO members introducing measures to curtail the circumvention of dumping activities by other WTO -members, South Africa adopted anti-circumvention measures in 1994. A guide introduced amongst others measures to counter those events where an exporter would absorb an anti-dumping duty; or if a related party supply the goods in the same or some other country; or where goods are exported as parts or components to be assembled in the South African Customs Union. Some of these anti-circumvention measures have on occasion been relied on and applied by the International Trade Administration Commission (ITAC) in South Africa as discussed hereunder.
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Gea Ossita S, Eduard Awang Maha Putra e Baiq Riska Anggi Safitri. "Analisis Yuridis Kewajiban Anti Dumping Bagi Sebagian Produk Fatty Alcohol antara Indonesia dan Uni Eropa". JISOSEPOL: Jurnal Ilmu Sosial Ekonomi dan Politik 1, n. 2 (29 gennaio 2024): 202–13. http://dx.doi.org/10.61787/0wq7fe63.
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This research aims to analyze the case of anti-dumping obligations against fatty alcohol products in the dispute between Indonesia and the European Union. The research method used is normative legal research, using a statutory approach and conceptual approach. The result shows that anti-dumping provisions are regulated internationally in Article VI of GATT 1947. As one of the countries that is part of the World Trade Organization, Indonesia ratified the provisions of GATT-WTO with the issuance of Law Number 7 of 1974 dated November 2, 1994, concerning the ratification of the Agreement on Establishing the World Trade Organization (WTO). The lawsuit filed by Indonesia on the case of the application of anti-dumping obligations applied to some fatty alcohol products from Indonesia was rejected by the international trade dispute settlement panel of the World Trade Organization (WTO), namely the Dispute Settlement Body (DSB) because the European Union could present strong evidence of its reasons for applying anti-dumping obligations to some fatty alcohol products imported by PT Musim Mas, while Indonesia or PT Musim Mas could not prove that the application of anti-dumping obligations carried out by the European Union violated Article 2.4 and Article 3.5 of the anti-dumping agreement, Therefore, Indonesia is proven to have committed dumping in some fatty alcohol products exported to the European Union. Dumping committed by Indonesia is reinforced by the detrimental impact on the domestic industry of similar goods in the European Union in accordance with the provisions of the conditions for dumping in Article 3.5 of the anti-dumping agreement.
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Nicolaides, Phedon. "Does the International Trade System Need Anti-Dumping Rules?" World Competition 14, Issue 1 (1 settembre 1990): 103–8. http://dx.doi.org/10.54648/woco1990005.
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Debapriya, Aryashree, e Tapan Kumar Panda. "Anti-dumping Retaliation—A Common Threat to International Trade". Global Business Review 7, n. 2 (agosto 2006): 297–311. http://dx.doi.org/10.1177/097215090600700207.
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Bekker, Doreen. "THE STRATEGIC USE OF ANTI‐DUMPING IN INTERNATIONAL TRADE". South African Journal of Economics 74, n. 3 (settembre 2006): 501–21. http://dx.doi.org/10.1111/j.1813-6982.2006.00088.x.
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VanDuzer, J. Anthony. "Binational Panel Review of Trade Remedies Determinations: Prospects for Exporting the USMCA’s Unique Procedure". Global Trade and Customs Journal 17, Issue 7/8 (1 luglio 2022): 271–79. http://dx.doi.org/10.54648/gtcj2022038.
Testo completoAbstract (sommario):
The United States-Mexico-Canada Agreement (USMCA) contains a distinctive procedure under which anti-dumping and countervailing duty determinations by national agencies can be reviewed by an ad hoc binational panel established under the treaty as an alternative to domestic court review. Binational panel review was first adopted in the Canada-US Free Trade Agreement (Canada-US FTA) to respond to Canada’s concern that the administration of the US anti-dumping and countervailing duty laws by the US agencies was biased in favour of the US domestic industries and the review of agency determinations by the US courts was inadequate to address that bias. Continuing Canadian concerns, shared by Mexico, resulted in binational panel review being included in the USMCA, even though the US had sought to eliminate it. Compared to US judicial review, binational panels under the Canada-US FTA and its successor, the North American Free Trade Agreement (NAFTA), have resulted in more frequent remands of the US agency determinations often leading to lower (or even zero) duties in anti-dumping and countervailing duty cases. As well, the prospect of rigorous panel review has discouraged the filing of anti-dumping and countervailing duty cases, the commencement of anti-dumping and countervailing duty investigations, and the imposition of duties in relation to imports from Canada and Mexico. Adopting binational panel review in other treaty contexts would be most attractive where significant concerns about domestic agencies comparable to Canada’s are present and national anti-dumping and countervailing duty regimes in participating countries have similar structures and procedures for judicial review. anti-dumping, countervailing duty, trade remedies, free trade, North America, dispute settlement
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Vinti, Clive. "The Conduct of “Price Undertakings” and “Interim Reviews” in the Anti-Dumping Regime of South Africa [Discussion of Casar Drahtseilwerk Saar GMBH V International Trade Administration Commission (66248/2014) 2020 ZAGPPHC 141 (14 February 2020)]". Stellenbosch Law Review 2022, n. 3 (2022): 560–78. http://dx.doi.org/10.47348/slr/2022/i3a11.
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The administration of anti-dumping investigations is the sole mandate of the International Trade Administration Commission (“ITAC”). This investigation has two stages, the preliminary and final investigation stages, which are accompanied by investigation reports at each stage. The investigation can be terminated or suspended after the preliminary investigation if the offending exporter ceases exports to the Southern African Customs Union (“SACU”) at the dumped prices or revises its prices such that ITAC is satisfied that injurious dumping has been eliminated. Twelve months after the publication of the final determination in the original investigation or the previous review, interested parties can request an interim review of the duty if there are significantly changed circumstances. It is these two aspects of dumping investigations that were the subject of litigation for the first time in South African law in Casar Drahtseilwerk Saar GMBH v International Trade Administration Commission (66248/2014) 2020 ZAGPPHC 141 (14 February 2020). This note assesses the novel approach employed by the court in readily construing these aspects of the anti-dumping investigation in South Africa in accordance with the jurisprudence on the Anti-Dumping Agreement. This approach is commendable in light of the ambivalent attitude of South African courts towards the country’s obligations in terms of the multilateral agreements of the World Trade Organization, despite the promulgation of local legislation to comply with these obligations and the constitutional injunction to prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.
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Kim, Jin Woo, Isabel Fressynet, Anna Golouchko e Valentina Van Opdenbosch. "EU Case Laws on Trade Defence Instruments (TDI) in 2022". Global Trade and Customs Journal 18, Issue 5 (1 maggio 2023): 182–91. http://dx.doi.org/10.54648/gtcj2023019.
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This article provides an overview of the judgments of the Court of Justice of the European Union (CJEU) regarding EU’s trade defence instruments (TDI) in the year 2022, in particular, with respect to admissibility, dumping, injury and procedural aspects. EU trade defence instruments (TDI), anti-dumping, anti-subsidy, safeguards, Court of Justice of the European Union (CJEU)
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Ahn, Dukgeun, e Hyun Ji Chun. "Evolution and Limitations of the Lesser Duty Rule Under the WTO Anti-dumping Agreement". Journal of World Trade 56, Issue 6 (1 dicembre 2022): 985–1012. http://dx.doi.org/10.54648/trad2022041.
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Under the Lesser Duty Rule (LDR) of the World Trade Organization (WTO) Anti- Dumping Agreement (ADA), anti-dumping duties are imposed as the lower of the two: dumping margin and injury margin. It has been established to impose anti-dumping duties only to the amount necessary to eliminate injury on domestic industries caused by dumping. Most WTO members have long advocated the mandatory application of the LDR The LDR was first proposed during the Kennedy Round and was adopted in the Tokyo Round Anti-Dumping Code without major changes. The rule has not changed since then and still remains a discretionary rule. Although the LDR is theoretically an ideal rule, it may cause many flaws when applied to actual anti-dumping cases. Furthermore, the European Union (EU), Australia, and Korea, the countries that have used the LDR most actively, have shown a more flexible application of the LDR in recent anti-dumping investigations. Given these changes and the limitations of the rule, the LDR under the WTO ADA must be improved in line with the new trade order. WTO, Anti-Dumping Agreement, lesser duty rule, anti-dumping duty, dumping margin, injury margin
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Issabekov, Nurlybek, e Adam Mateusz Suchecki. "Analysis Of The EU Anti-dumping Policy In Terms Of The Revealed Comparative Advantages". Comparative Economic Research. Central and Eastern Europe 19, n. 5 (30 marzo 2017): 43–61. http://dx.doi.org/10.1515/cer-2016-0037.
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Anti-dumping policy is an important instrument of trade policy as far as protecting markets against dishonest practices of foreign suppliers is concerned and it is compliant with international regulations such as e.g. these set by the World Trade Organisation. Generally, dumping concerns exporting commodities at lower prices than a selling price of commodities (so-called normal value). Anti-dumping policy uses appropriate preventive means against dishonest practices in a situation when:- commodity was brought to customs territory of an importing country at dumping prices,- import inflicted damage (or threatens to do it) to importing country’s industry. The first principles of anti-dumping policy were formulated in 1964 at the United Nations Conference and Development UNCTAD. The agreement was signed by 194 countries, including Poland. A similar agreement was also signed by the European Union countries. One of the types of agreements is tariff agreements in which a tool used as a system of cataloguing commodities in international trade is so-called Combined Nomenclature (CN). The system is used in customs proceedings and for registration needs. Anti-dumping proceedings also use HS classification system formulated by the World Customs Organization. The aim of the paper is to determine the proportion of goods covered by anti-dumping proceedings in the value of import conducted by the European Union between 1995–2012. In the empirical research the eight-digit commodity codes CN8 were used as well as HS2 codes that allow grouping imported commodities covered by anti-dumping proceedings by their manufacturing divisions. In that way a determined classification of commodities was used to describe a comparative advantage. To conduct assessment the modified Ballasa index (Bi) and Grupp/Legler index were used. The result of conducted analysis is determination of groups of commodities that are crucial for export of a given country.
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Koo, Won W. "Effects of Dumping vs. Anti-dumping Measures: The US Trade Remedy Laws Applied to Wheat Imports from Canada". Journal of World Trade 41, Issue 6 (1 dicembre 2007): 1163–84. http://dx.doi.org/10.54648/trad2007044.
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Empirical estimation of the effects of dumping (and/or subsidization) usually has been assessed by estimating it after the imposition of an anti-dumping duty (and/or countervailing duty) order. This article examines, theoretically and empirically, the difference between the economic effects of dumping and anti-dumping measures, using US trade remedy law against hard red spring (HRS) wheat imports from Canada. An econometric model is developed and used to estimate the effects of the decline in HRS wheat imports from Canada after the imposition of anti-dumping/countervailing duties by US authorities. This study found that the anti-dumping/countervailing duties on Canadian HRS wheat imports resulted in an increase in HRS wheat price by $0.14/bushel. Although, in theory, the economic effects of dumping are seemingly identical to those of an anti-dumping measure, they are not equal in practice. In fact, the volume of dumped imports entering the US market on the strength of dumping and the volume of dumped imports driven from the US market after the imposition of an anti-dumping measure are not identical. Implementation of the trade remedy laws is certainly not designed to equate, scientifically, the two effects.
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Reese, Ira. "Article: Usage of Transshipment as a Means of Circumvention". Global Trade and Customs Journal 19, Issue 5 (1 maggio 2024): 322–24. http://dx.doi.org/10.54648/gtcj2024043.
Testo completoAbstract (sommario):
National and international authorities have always experienced significant difficulties in attempting to control the transshipment of articles of commerce that are subject to trade sanctions or excessive dumping duties. Since the exclusion or limitation of an article of commerce from international trade by either means of trade sanctions or Anti-Dumping Countervailing Duties (AD/CVD) is a blow not only to the commerce of a country but its prestige it is a powerful weapon that is used against bad actors. Accordingly, there is a powerful urge among bad actors to bring its goods to market by transshipment through third party countries. These actions not only provide enforcement problems for Customs enforcement authorities but also for importers who must ensure that their consignments are legitimate articles of commerce.
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Uhm, Ihn Ho, Nick Covelli, Gregory W. Bowman e David A. Gantz. "Anti-dumping and Countervailing Duty Law and Practice: The Mexican Experience". Global Trade and Customs Journal 5, Issue 7/8 (1 luglio 2010): 267–92. http://dx.doi.org/10.54648/gtcj2010034.
Testo completoAbstract (sommario):
Although Mexican anti-dumping and countervailing duty laws are similar in important respects to the unfair trade laws of Mexico’s North American Free Trade Agreement (NAFTA) partners, the United States and Canada, there are significant procedural and substantive differences. In light of these differences, and given that Mexico is one of the World Trade Organization’s (WTO’s) most frequent users of unfair trade laws (including at least twenty-five actions against United States producers in recent years), the subject warrants closer study and analysis by academics and practitioners alike. This article explores the subject of Mexican anti-dumping and countervailing duty laws in detail by discussing their origins and historical development, comparing them to their US and Canadian counterparts, and guiding the reader through the life cycle of Mexican anti-dumping and countervailing duty cases. It also analyses the various administrative and judicial review options, including NAFTA’s Chapter 19, along with relevant Mexican court, NAFTA binational panel, and WTO Dispute Settlement Body (DSB) jurisprudence.
30
Khanderia, Saloni. "The Compatibility of South African Anti-Dumping Laws with WTO Disciplines". African Journal of International and Comparative Law 25, n. 3 (agosto 2017): 347–70. http://dx.doi.org/10.3366/ajicl.2017.0199.
Testo completoAbstract (sommario):
This article evaluates the compatibility of South African laws on anti-dumping with the WTO disciplines set forth in the Anti-Dumping Agreement. It analyses the provisions of the International Trade Administration Act 2002 and the Anti-Dumping Regulations 2005 to examine whether South Africa has been adhering to its WTO obligations. The South African law on this subject is largely incompatible with its WTO counterpart in matters of, inter alia, the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. This has in turn resulted in strained relationships between South Africa and the other members of the international community in regard to the procedures adopted during anti-dumping investigations.
31
Sibanda, Omphemetse S. "Procedural Requirements of the South African Anti-Dumping Law and Practice Prior to Imposition of Anti-Dumping Duties: Are They Really WTO-inconsistent?" Foreign Trade Review 55, n. 2 (21 gennaio 2020): 216–38. http://dx.doi.org/10.1177/0015732519894150.
Testo completoAbstract (sommario):
Dumping, which is a form of price discrimination or differential pricing of different units of the same good sold at different prices in different markets, remains a continuing problem for many countries. The World Trade Organisation (WTO) members resort to the imposition of anti-dumping duties or levies to offset the effects of the dumped products on the domestic industry. This article provides a critical analysis of procedural issues in the South African anti-dumping law and practice to determine if it is compatible with the WTO’s Anti-Dumping Agreement (ADA). It particularly focusses on procedural issues prior to the imposition of anti-dumping measures by the South African International Trade Administration Commission. Some authors argue that the South African anti-dumping law and practice is incompatible with its WTO obligations in areas such as the calculation of the constructed export price, the determination of material injury and a causal relationship, the imposition of provisional and definitive anti-dumping duties and the procedure for review. The conclusion provided in this article is that the South African law and application of anti-dumping measure is largely WTO-compliant, particularly on the issues of initiation, investigation and prosecution of anti-dumping complaints. JEL Codes: F10, F13, F14, F19, K33, K41
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Miranda, Jorge. "Why the Potential for Trade Diversion should Be Examined Prior to Considering Setting an Antidumping Duty Lower than the Dumping Margin". Global Trade and Customs Journal 8, Issue 9 (1 settembre 2013): 284–92. http://dx.doi.org/10.54648/gtcj2013039.
Testo completoAbstract (sommario):
This paper argues that, where the potential for trade diversion is significant, the protective effects of antidumping measures are heavily diluted, as in such circumstances imports can be sourced from non-subject countries at prices lower than the price of subject imports inclusive of an AD duty reflecting the full dumping margin. Therefore, investigating authorities in World Trade Organization (WTO) Members where the 'lesser duty rule' is part of domestic legislation should examine whether the potential for trade diversion is significant prior to considering setting an AD duty at a level lower than the dumping margin.
33
Xu, Xinpeng. "International trade and environmental policy: how effective is ‘eco-dumping’?" Economic Modelling 17, n. 1 (gennaio 2000): 71–90. http://dx.doi.org/10.1016/s0264-9993(99)00021-8.
Testo completo
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Cornelis, Joris. "Anti-Circumvention: A Comparison". Global Trade and Customs Journal 11, Issue 11/12 (1 dicembre 2016): 542–58. http://dx.doi.org/10.54648/gtcj2016070.
Testo completoAbstract (sommario):
No basic multilateral definition of ‘circumvention’ is embedded within Article VI, nor in any subsequent Anti-Dumping Code or Agreement. This lack of a multilateral framework is striking, given the prominence this issue has assumed in the world of anti-dumping. Indeed, as reported in the World Trade Organization (WTO) Chapter, 36 of the 87 AD legislations that were notified to the Committee on Anti-Dumping Practices already include anticircumvention provisions and more nations are expected to follow suit. This article provides a comparison of the relevant provisions and practices in the nine jurisdictions discussed in this Special Edition of the Global Trade and Customs Journal. This article also describes certain potential WTO concerns arising from this growing unilateral ‘self-regulation’ and practice. This overview does not include other possible means of combatting circumvention that could exist outside the traditional dumping ‘arena’, such as, for example, national criminal investigations, special customs proceedings or specific antifraud investigations.
35
Mahncke, Hans. "Applying the MFN Principle to WTO Anti-dumping Law: An Opportunity for Curbing the Use of Anti-dumping Measures". Legal Issues of Economic Integration 41, Issue 2 (1 maggio 2014): 169–91. http://dx.doi.org/10.54648/leie2014009.
Testo completoAbstract (sommario):
Since the 1970s anti-dumping has gained prominence in international trade law. Not only have anti-dumping measures proliferated but many new anti-dumping users have emerged, including developing countries. However, the limited negotiating mandate of the WTO's Doha Round indicates that anti-dumping law will remain unchanged for years to come. In seeking ways to reverse these trends, this study explores the possibility of constraining the use of the anti-dumping instrument through existing laws. It approaches this objective by examining the relationship between the WTO's specialized anti-dumping laws and the GATT's core non-discrimination rule, the MFN principle. It concludes that the application of the MFN discipline within the anti-dumping context is mandated by WTO law and that such application offers a viable path to advance the anti-dumping law discourse beyond its traditional understanding.
36
Abdulkadhim Dadoosh, Ali, e Manahel Mustafa Alomary. "THE IMPACT OF UNFAIR TRADE PRACTICES ON THE IRAQI ECONOMY, PRICE DISCRIMINATION - DUMPING AS A MODEL". Akkad Journal Of Multidisciplinary Studies 1, n. 4 (25 giugno 2022): 255–69. http://dx.doi.org/10.55202/ajms.v1i4.89.
Testo completoAbstract (sommario):
Globalization has gradually removed the protection that existed to protect producers from unfair trade practices, as the case of imperfect competition within international trade is presented through a descending curve of average costs with an increase. Therefore, economies of scale are gradual. Often, some producers (the monopolistic firms) do not adjust the price relative to the index, and the change in prices for different consumers is called price discrimination. When speaking of the concept of international trade, dumping is the most common type of price discrimination in trade. Price practices are unfair when a country or company calculates a lower price for its exported products compared to the effects of goods and services sold locally. Therefore, it negatively affects the country's social welfare, and the World Trade Organization (WTO) allows such damage to be countered through trade defense instruments (TDIs). The commodity dumping policy, which increased through trade openness after 2003 in Iraq, led to a decline in the productive sectors, especially (the industrial and agricultural sectors), as most of the imported goods were of poor quality or counterfeit, which competed with local products and removed them from the market because of their low prices. Thus, this helped the exposure of the Iraqi economy to the outside world. The main objective of the research is to address the concept of unfair commercial practice in the reality of the Iraqi economy and to analyze the trade policy of neighboring countries, including combating commodity dumping and related legislation and price discrimination under the concept of monopoly.
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XU, Jiaqing. "Comments on United States – investigation of the International Trade Commission in softwood lumber from Canada, recourse to article 21.5 of the DSU by Canada". Theory and Practice of Social Science 3, n. 5 (31 dicembre 2021): 1–36. http://dx.doi.org/10.6914/tpss.030501.
Testo completoAbstract (sommario):
This article is based on United States – investigation of the International Trade Commission in softwood lumber from Canada, recourse to article 21.5 of the DSU by Canada（WT/DS277/AB/RW）panel and Based on the report of the Appellate Body, it analyzed the case and proposed to amend the Anti-dumping Agreement and improve domestic laws to reduce anti-dumping disputes.
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López, Julio Antonio García, e María Moreno Sancho. "The US and EU Solar Trade Remedies Saga: The Globalization of Mercantilism". Journal of World Trade 56, Issue 4 (1 giugno 2022): 615–32. http://dx.doi.org/10.54648/trad2022025.
Testo completoAbstract (sommario):
This article explores the different trade-restrictive measures and legal strategies carried out by the United States and the European Union during the solar trade remedies saga. It focuses on the US and EU use of rules of origin as a protectionist device against the alleged circumvention of anti-dumping and countervailing duties, as well as on the cartelizing effect of US and the EU legal strategies with respect to solar trade remedies. It concludes that the US and EU solar trade remedies saga has resulted in the globalization of mercantilism. The elimination of trade remedies on products used in renewable energy is hereby proposed trade remedies, trade-restrictive measures, anti-dumping duties, countervailing duties, safeguard measures, circumvention, globalization, environment, solar trade remedies, CSPV cells products
39
Ahn, Dukgeun. "Third Country Dumping: Origin, Evolution and Prospect". Journal of World Trade 46, Issue 3 (1 giugno 2012): 635–55. http://dx.doi.org/10.54648/trad2012020.
Testo completoAbstract (sommario):
Third country anti-dumping actions were envisioned at the very inception of the General Agreement on Tariffs and Trade (GATT) and yet almost completely neglected by most governments throughout the GATT/World Trade Organization (WTO) history. The requirement for prior approval by multilateral trade institutions became a formidable procedural obstacle for any country seeking third country anti-dumping duty (AD) actions. Despite such difficulties, there were only few attempts to effectively employ such actions and several legal arrangements to refine the rules for third country AD actions. This article investigates the origin and historical development concerning third country AD actions and examines their implications for the current WTO system that is congested with numerous Free Trade Agreements (FTAs).
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Van Vaerenbergh, Pieter, e Philipp Reinhold. "Significant Distortions Under Article 2(6a) BADR: Three Years of Commission Practice". Global Trade and Customs Journal 16, Issue 5 (1 maggio 2021): 193–202. http://dx.doi.org/10.54648/gtcj2021021.
Testo completoAbstract (sommario):
The EU’s autonomous trade policy has recently been updated to increase its resilience and to seek to establish a level playing field. Already in 2017 and 2018, anti-dumping law was reformed for this purpose. The 2017 reform introduced a new exception to the primary method for determining normal value. According to the new Article 2(6a) of the Basic Anti-Dumping Regulation, the actual sales price in the exporting country is to be rejected if there are ‘significant distortions’. Whereas much has been written about whether this new methodology is compatible with WTO law, this article analyses how this provision has been applied by the European Commission during the first three years since its introduction. Anti-Dumping, Significant Distortions, State Capitalism, European Commission, Constructed Normal Value, Third Country, Input Prices, China, Russia, Trade Defence
41
Song, Joon-Heon. "An Exploratory Study on the Restrictiveness of Antidumping Measures in Regional Trade Agreements". Korea Association for International Commerce and Information 25, n. 1 (31 marzo 2023): 153–73. http://dx.doi.org/10.15798/kaici.2023.25.1.153.
Testo completoAbstract (sommario):
Although traditional trade barriers such as tariffs and quotas have been significantly eliminated with the establishment of the World Trade Organization (WTO) and the expansion of regional trade agreements (RTAs), the effects of trade liberalization have been greatly impeded by the abuse of anti-dumping measures. Therefore, many countries have introduced various WTO-plus provisions to strengthen the procedural and substantive requirements for the imposition of anti-dumping duties in their RTAs. This study examined anti-dumping provisions included in 320 RTAs in effect and quantified the degree to which anti-dumping measures are restricted in RTAs using a newly developed Anti-dumping Restrictiveness Index. In addition, an exploratory analysis was conducted to identify the factors that influence the restriction of anti-dumping measures in RTAs using the index as the dependent variable. Since the 2000s, there has been a growing movement to restrict anti-dumping measures in RTAs, and it has been noted that various WTO-plus rules have been introduced to enhance the transparency of the investigation process. The results of the regression analysis showed that the degree of integration, the size of regional trade, the members' level in economic development, the frequency of anti-dumping measures, and the regional characteristics have an influence on the restriction of anti-dumping measures in RTAs.
42
Pogoretskyy, Vitaliy. "The System of Energy Dual Pricing in Russia and Ukraine: The Consistency of the Energy Dual Pricing System with the WTO Agreement on Anti-dumping". Global Trade and Customs Journal 4, Issue 10 (1 ottobre 2009): 313–23. http://dx.doi.org/10.54648/gtcj2009040.
Testo completoAbstract (sommario):
Dual pricing has been a controversial issue in the General Agreement on Tariffs and Trade and the World Trade Organization in the context of trade in natural resources and natural resources-based products. So far, a WTO panel has never had a chance to rule on the consistency of energy dual pricing system with WTO rules. This article examines the relationship between energy dual pricing systems in Russia and Ukraine and anti-dumping measures applied against these countries’ exporters of energy-intensive products. The key question analyzed in the article in whether the WTO Agreement on Anti-Dumping allows using costs information from a third country, when exports under investigation originate in a market economy country?
43
Tektona, Rahmadi Indra, Nuzulia Kumala Sari e Amru Hanifa Mukti. "Indonesian Legal Remedies Againts Tiongkok and Vietnam Dumping in Indonesia". Metafora: Education, Social Sciences and Humanities Journal 4, n. 2 (20 marzo 2021): 58. http://dx.doi.org/10.26740/metafora.v4n2.p58-70.
Testo completoAbstract (sommario):
Indonesia has a problem increasing the number of iron and steel imports from year to year, but Tiongkok and Vietnam are highlighted differently by government because they have experienced a significant increase, so they are suspected of dumping. And than, what the legal remedies should be taken against the alleged dumping carried out by Tiongkok and Vietnam by competent institutions and related parties and what the legal consequnces are. This research will be analyzed with normative legal research principles, legal doctrines, and international agreements with the law approach and conceptual approach.The Antidumping Code is the basis of Indonesia’s efforts towards Tiongkok and Vietnam given that the three countries are remembers of the World Trade Organization with General Agreement on Tariff and Trade. The Indonesian Anti-Dumping Committee is an institution that is given the authority to conduct dumping investigations, both offensively or defensively wich is inisiated based on initiatives or requests from the majority of the Domestic Industry of the similar goods. If the investigation process carried out by KADI is proven to be found dumping it will be subject sanctions in the form of the imposition of Anti-Dumping Import Duty according to the amount of dumping margin and if it is not found or deministic margin then the investigation process is terminated. And it is unfortunate because dumping specifically has not been regualated in a law in Indonesia.
44
Lin, Tsai-Yu. "Exploring the Link Between Trade and Cultural Protection in the Context of Anti–dumping". Journal of World Trade 42, Issue 3 (1 giugno 2008): 563–86. http://dx.doi.org/10.54648/trad2008024.
Testo completoAbstract (sommario):
With the conclusion of the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention on the Protection and Promotion of the Diversity of Cultural Expressions on 20 October 2005, the complex issue of culture and cultural diversity is gaining a new prominence internationally. Insofar as cultural safeguard instruments are concerned, measures available to domestic cultural industries to respond to the importation of foreign cultural imports are obviously rather limited in the World Trade Organization (WTO). In this article, the author argues that the notion that cultural products are per se unlike is unsuitable for the purpose of the anti–dumping measure. On this point, the conflict arising from the interactions between trade and culture will be particularly identified. In addition, the author also argues that the insertion of public interest clauses into anti–dumping regimes connecting trade and cultural concerns could possibly explore a useful avenue for a society to satisfy its preference for cultural diversity in the anti–dumping action. A case on an ongoing anti– dumping investigation on uncoated printing and writing paper in Taiwan is examined from a cultural perspective.
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Comnenus, George Arie. "The General Theory of the Natural Course of World Trade: Special Circumstances to Initiate Trade Remedy Investigations". Journal of World Trade 55, Issue 5 (1 settembre 2021): 805–28. http://dx.doi.org/10.54648/trad2021034.
Testo completoAbstract (sommario):
Via the Vienna Convention on the Law of Treaties, this article proposes a definition of the “special circumstances” that sanction authorities to self-initiate trade remedy proceedings per article 5.6 of the WTO Anti-dumping Agreement. In effect, it optimizes the world economy by enabling authorities to self-detect unfair trading practices – without a complaint of the domestic industry. This inability likely restrains trade remedies’ potential as a finer, more fruitful alternative for the indiscriminate imposition of bulk-tariffs – visible in the Sino-American trade war. Arguably, the “special circumstances” occur when the pace of country-specific import significantly exceeds the pace of the worldwide import, through significant price undercutting which stems from transnational price discrimination rather than a cost-efficient industry. To ascertain whether an absence of price discrimination is due to a particular market situation, the general theory introduces a new criterion. This criterion provides the first definition of “sales in the ordinary course of trade”, wholly derived from Article 2.2 of the WTO Anti-dumping Agreement. trade remedies, initiation, dumping, special circumstances, particular market situation, price undercutting, ordinary course of trade
46
Hussain, Amjad, Shahzada Amir Mushtaq e Muhammad Arif Saeed. "The Reclamation of Dispute Settlement Mechanism in WTO for Sustainability of International Trade (Trade Law vs. Security Law)". Global Legal Studies Review VI, n. II (30 giugno 2021): 60–67. http://dx.doi.org/10.31703/glsr.2021(vi-ii).08.
Testo completoAbstract (sommario):
The ideology of Bretton Woods for multilateral trading system buried in the USA during the reigns of Trump. He has not only reversed the 80 years’ trade rules of the USA but poses a potential threat to Multilateral trade and endangered the WTO mechanism of dispute resolution by delaying the nominations forits Appellate forum. The present study focuses both on the potential crises in international trade and American invocation of excessive tariffs and Anti-Dumping duties in the form of National Security Measures contrary to the provisions of the GATT Agreement. The Security Measures taken by the Trump administration were extraordinary in nature and violated many procedural rules of WTO Trade covenants necessary to be followed before the determination and imposition of counter-bailing and Anti-Dumping duties. The Trump'sunilateral approach eroded away the leading role of the USA for accelerating the global trade once it played,which resultantly paved the way for China to take place instead of the USA in international arena to revisit and frame new trade rules for Nations. The article also addresses through empirical analysis that WTO dispute settlement body seems reluctant to take any bold decision against developed economies.
47
Yu, Yanning. "China’s Non-state Enterprises and Anti-Dumping Practices: A Perspective". Global Trade and Customs Journal 4, Issue 11/12 (1 novembre 2009): 391–401. http://dx.doi.org/10.54648/gtcj2009048.
Testo completoAbstract (sommario):
This paper discusses and analyses China’s non-state enterprises and the severe challenges they face in responding to overseas anti-dumping investigations. It begins by presenting a general overview of China’s non-state enterprises in its trade regime. It then moves to address and analyse anti-dumping challenges that China’s non-state enterprises have encountered in the past. It further discusses some issues regarding anti-dumping laws and policies adopted by China’s major trading partners against Chinese exports and their impact on China’s non-state enterprises. The paper concludes that more intensive efforts should be made by governments, enterprises and other national and international organizations to construct a more balanced synthetic system to prevent and control the occurrence of dumping. Such a system should not focus on how and what measures should be undertaken after the occurrence of dumping and thus trying to prosecute (for the importing country) or fight the case (for the exporting country or respondents) but should assist these enterprises in transferring from a price-oriented competition to a product quality or technology-oriented competition. This will not only facilitate China’s own domestic reform in economics and trade but will also, in turn, play a constructive role in promoting stability and growth in the world trading system at large.
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Kanas, Vera, e Carolina Müller. "The New Brazilian Anti-Dumping Regulation: A Balance of the First Years". Global Trade and Customs Journal 12, Issue 11/12 (1 dicembre 2017): 462–68. http://dx.doi.org/10.54648/gtcj2017061.
Testo completoAbstract (sommario):
In 2013, Brazil issued a new anti-dumping regulation: Decree 8058/2013. The new rules came under a context of enhancement of the trade remedies system, in the scope of an industrial policy that aimed to protect the domestic production against imports. Since then, Brazilian public policies changed significantly, becoming more focused on seeking new markets for exports instead of protecting the domestic market. Nonetheless, the new anti-dumping law has changed permanently the trade remedies system in Brazil. This article reviews developments in the modernization of Brazil’s anti-dumping law. What it means for companies using the law or subject to it is important. Here are the key things you need to know. First, the new anti-dumping legislation was designed to encourage full participation by the exporters, providing for a mandatory lesser duty benefit for cooperating exporters, and for several opportunities of defence. Second, the new legislation provides for a detailed administrative process, involving deadlines applicable to the interested parties and to the investigating authority, with the purpose of expediting the process. Third, although the Brazilian law provides for several kinds of reviews, some of them were not used yet. Finally, anti-dumping duties may be suspended due to public interests, normally after an administrative procedure for this end.
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Nsour, Mohammad Abualethem. "The WTO and Using Digital Economy Technologies: Surviving the Race With Preferential Trade Agreements". Journal of World Trade 57, Issue 5 (1 ottobre 2023): 763–88. http://dx.doi.org/10.54648/trad2023031.
Testo completoAbstract (sommario):
This article examines the potential of Artificial Intelligence (AI) and blockchain technologies to help resolve trade disputes, facilitate multilateral trade and increase efficiency within the World Trade Organization (WTO). It looks at how AI and blockchain can be used to automate more complex trade processes, such as anti-dumping measures. The article also outlines the challenges associated with implementing such technologies, such as the need for developing countries to invest in infrastructure, the need to ensure correct data is available, and the potential for future regulatory challenges. Finally, it identifies the key measures that must be taken before AI and blockchain can become part of the WTO dispute settlement and trade facilitation system. WTO, Digital Economy, Artificial Intelligence, Trade Facilitation, Dumping, Dispute Settlement
50
Xu, Yu-hong. "Reflection on Labor Standard’s Linkage to International Trade". International Journal of Economics and Finance 8, n. 3 (26 febbraio 2016): 165. http://dx.doi.org/10.5539/ijef.v8n3p165.
Testo completoAbstract (sommario):
Developed countries proposed to link labor standard up to the international trade, which was based on profound economic and social foundation. On this issue, there is a fundamental difference between developed and developing countries: the developed countries think that the low labor standards in the developing countries are a reflection of social dumping, while the developing countries consider labor standard’s linkage to the international trade as an embodiment of trade protectionism in developed countries. Nevertheless, the developed countries still take various measures to promote labor standards in the international trade and this trend tends to be intensified. The ultimate goal of developed countries is to integrate labor standards into the WTO multilateral trading system, and developing countries must face this reality.