Eu Dumping Determinations And Wto Law

Author: Henrik Andersen
Publisher: Kluwer Law International
ISBN: 9041128271
Size: 44.56 MB
Format: PDF, Mobi
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The application of the antidumping instrument by WTO members is often controversial because of the protectionist character of these measures where inefficient industries are protected from foreign competition. The legal framework within the WTO has loopholes that leave wide discretion to the investigating authorities to determine that a product is dumped, thereby emphasizing the protectionist nature of antidumping. The use of antidumping becomes even more controversial when WTO members use the antidumping tool beyond the legal scope of WTO law. The questions raised in this book concern the EU dumping determinations and their conformity with WTO law. This thought-provoking work examines whether European Union legislation on dumping, the practices adopted by the European Commission and the Council, as well as the decisions by the EC courts are in conformity with WTO law. The author's findings are particularly relevant given the frequent use of antidumping measures by EU authorities, especially as relates to Asian countries, and he carefully documents areas where the EU infringes WTO law.

Commercial Law Of The European Union

Author: Gabriël Moens
Publisher: Springer Science & Business Media
ISBN: 9048187745
Size: 30.22 MB
Format: PDF
View: 2157
? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.

The Law And Policy Of The World Trade Organization

Author: Peter Van den Bossche
Publisher: Cambridge University Press
ISBN: 1108211119
Size: 48.45 MB
Format: PDF, Mobi
View: 2443
Retaining the signature clarity and depth that made it an instant classic, this new fourth edition of The Law and Policy of the World Trade Organization examines both the institutional and substantive law of the World Trade Organization (WTO). Fully updated to incorporate all new developments in the WTO's body of case law, this market-leading text offers readers a clear introduction to the basic principles of the multilateral trading system and a detailed examination of the law of the WTO. With integrated questions and assignments which allow readers to easily assess and reinforce their understanding and develop their analytical skills, The Law and Policy of the World Trade Organization is essential reading for all WTO law students and practitioners. Suitable for postgraduate and advanced undergraduate students, this classic text is also the ideal resource for practitioners, diplomats and policymakers looking for an introduction to the law of the WTO.

World Trade Organization Agreement On Anti Dumping

Author: K. D. Raju
Publisher: Kluwer Law International
ISBN: 9041127801
Size: 47.16 MB
Format: PDF, ePub, Docs
View: 5658
The WTO Secretariat reports that during the period from 1995 to June 30, 2007 WTO members initiated 3097 anti-dumping investigations. Of these, 474 were put forward by India, which made it the largest user of this measure among WTO Members. The traditional argument of developing countries was that loopholes or absence of clear definitions in the anti-dumping rules have increased the possibility of abuses and discretionary practices against them. Now, many developing countries like India have become frequent users of this measure. For a better understanding of the various provisions of the WTO's Anti-dumping Agreement (ADA) a critical investigation of the resulting jurisprudence is a necessity. To that end, this timely work has a fivefold aim: and• To explore the jurisprudence that has emerged around the anti-dumping regime and how it affected developing countries; and• To assess how effectively and to what extent the WTO's Dispute Settlement Body (DSB) is able to analyze the violations of ADA provisions; and• To examine domestic compliance with DSB decisions; and• To study the Indian cases which come before the nation's Customs, Excise andamp; Sales Tax Appellate Tribunal, various High Courts and the Supreme Court of India; and and• To offer recommendations for the improvement of the anti-dumping regime from a developing country perspective.

Regulation Of Energy In International Trade Law

Author: Julia Selivanova
Publisher: Kluwer Law International
ISBN: 9041132643
Size: 20.66 MB
Format: PDF, Mobi
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Starting from the premise that a multilateral legal framework is the surest way to achieve predictability and transparency under conditions of increasing reliance on internationally traded energy, the essays gathered in this book treat the many complex in

Harmonization Equivalence And Mutual Recognition Of Standards In Wto Law

Author: Humberto Zúñiga Schroder
Publisher: Kluwer Law International
ISBN: 9041136576
Size: 54.43 MB
Format: PDF, ePub
View: 6878
Standards are a feature of virtually all areas of trade in products and services. Yet, although standards may achieve an efficient economic exchange, they have discriminatory consequences for trading partners when governments formulate or apply them in su

Eu Anti Dumping And Other Trade Defence Instruments

Author: Ivo Van Bael
Publisher: Kluwer Law International
ISBN: 9041131175
Size: 40.88 MB
Format: PDF, Kindle
View: 6836
The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.

Anti Dumping In The Wto The Eu And China

Author: Yan Luo
Publisher: Kluwer Law International
ISBN: 9041132074
Size: 25.65 MB
Format: PDF, Kindle
View: 6168
Country Driving illuminates the vast, shifting landscape of a traditionally rural nation that, having once built walls against outsiders, is building the roads and factory towns that will shape the twenty-first century. --Book Jacket.

World Trade Organization And International Trade Law

Author: Gary N. Horlick
Publisher: World Scientific Publishing Company
ISBN: 9789814436984
Size: 10.96 MB
Format: PDF, Docs
View: 510
This unique volume presents published and hitherto unpublished works by leading international trade lawyer and academic, Gary Horlick. The value of his insights comes from his mix of government, professional and academic experience in trade proceedings in the WTO, in NAFTA, in Mercosur, and in over 20 countries. The unpublished material includes information not previously available on the origins and rationales of important areas of antidumping (such as zeroing), subsidies and countervailing duties (such as specificity), and new key areas of WTO Dispute Resolution (in particular, the role of science). This invaluable book will provide readers with information useful to practicing lawyers involved in antidumping, countervailing duty, and WTO cases; researchers interested in the origins and meaning of obscure aspects of international trade law, and students looking for explanations behind some of the texts.

E C Anti Dumping Law And Practice

Author: Edwin A. Vermulst
Size: 28.46 MB
Format: PDF, ePub, Mobi
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This text provides an up-to-date, practical analysis of the legal framework relating to anti-dumping law and practice in the European Union. This book examines the imapct of the 1995 Anti-Dumping Regulation, incorporating the EC anti-dumping regime into the larger international trade framework, such as the GATT and WTO anti-dumping rules. The text provides chronological and alphabetical tables of Commission anti-dumping decisions relating to specific goods, as well as an overview of the various anti-dumping conventions, which are all included in the appendices.