Anti-dumping in the WTO, the EU, and China

Anti-dumping in the WTO, the EU, and China
Author: Dr. Yan Luo
Publisher: Kluwer Law International B.V.
Total Pages: 250
Release: 2010-01-01
Genre: Law
ISBN: 9041132074

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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.

Rationality and Legality of Non-market Economy Treatment in Antidumping Law

Rationality and Legality of Non-market Economy Treatment in Antidumping Law
Author: Shao Long
Publisher: Springer Nature
Total Pages: 244
Release: 2024-01-03
Genre: Law
ISBN: 9819982928

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This book serves as a comprehensive study of and provides rich insight into non-market economy treatment, including its past, present, and estimated future practices and implications. It explores the introduction of the market and non-market economy dichotomy into international trade law. It traces the origin and development of non-market economy treatment against changing international economic and political background. The book examines this treatment in light of the rationale underlying anti-dumping, reflecting its alleged significance of ensuring fair trade. It in particular investigates the varied non-market economy treatment practices responding concerns of China’s rising as a large state-led economy, analyzing the deviation of NME treatment into an all-in trade tool. The book argues against preconceived bias and unilateral protectionism. It highlights the universal existence of government involvement in the market and proposes objective assessment of its impact on fair trade. Final proposition of the book is depoliticizing trade, reforming comprehensively international trade rules to carefully calibrate different values, including promoting fairness and enhancing global social welfare. It envisages a multi-dimension overhaul of international trade rules to rebalance trade interests, rather than roughly labeling an economy to confer different treatment, the practices of which lead to separation and chaos. The book is of particular relevance and interest to economies-in-transition, and among policy makers, academicians and legal practitioners engaged in trade remedies and trade rules reconstruction.

EU Dumping Determinations and WTO Law

EU Dumping Determinations and WTO Law
Author: Henrik Andersen
Publisher: Kluwer Law International B.V.
Total Pages: 508
Release: 2009-01-26
Genre: Law
ISBN: 9041144587

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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.

Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective

Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective
Author: Guiguo Wang
Publisher: Martinus Nijhoff Publishers
Total Pages: 385
Release: 2011-12-15
Genre: Law
ISBN: 9004218548

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The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.

China's Compliance with World Trade Organization Obligations: A Review of China's First Two Years of Membership

China's Compliance with World Trade Organization Obligations: A Review of China's First Two Years of Membership
Author: Terence Stewart
Publisher: BRILL
Total Pages: 785
Release: 2021-11-22
Genre: Business & Economics
ISBN: 900447952X

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This book takes a look at the first two years of China’s membership in the WTO and attempts to assess the level of China’s WTO compliance achieved to date and the problems that remain ahead. In particular, the book examines: - China's modification to its laws and regulations, China's participation in WTO committee work, and technical assistance programs available to China from the WTO, the US and other member nations; - How effectively the WTO’s first and second Transitional Review Mechanisms have operated; - The US-China bilateral relationship and structures in place for discussion of US-China trade issues and major WTO compliance issues; -The monitoring of China’s WTO compliance by the US government and private sector groups, as well as a survey of the important compliance issues that arose in the first two years of China’s WTO membership; - The use made by the US of transitional rights outlined in China’s accession agreement, in particular, the textile and product-specific safeguards, and the non-market economy methodology used in antidumping proceedings concerning products from China. Published under the Transnational Publishers imprint.

China’s Implementation of the Rulings of the World Trade Organization

China’s Implementation of the Rulings of the World Trade Organization
Author: Weihuan Zhou
Publisher: Bloomsbury Publishing
Total Pages: 280
Release: 2019-10-03
Genre: Law
ISBN: 1509913564

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Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.

Anti-dumping Law and Practice of China

Anti-dumping Law and Practice of China
Author: Xiaochen Wu
Publisher: Kluwer Law International B.V.
Total Pages: 470
Release: 2009-01-01
Genre: Law
ISBN: 9041127909

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For over a decade China has been globally recognized as the leading recipient of antidumping measures. On the other hand, China's use of antidumping measures is equally noteworthy. Xiaochen Wu's timely book takes a very practical approach as it examines its subject in a broad context. Besides providing a rich and detailed interpretation of the legal provisions, it discusses complex technical aspects of the Chinese antidumping law in a very pragmatic way, notably by providing actual instances of their application in the antidumping investigations conducted by the Chinese Ministry of Commerce (MOFCOM). This book is also very handy since it consolidates detailed statistics pertaining to Chinese antidumping proceedings since 1997 as well as all important legal texts including China's antidumping law and the 15 MOFCOM implementing provisions along with relevant legal interpretation. Readers will quickly discover that the book is thoroughly enriched with the thoughtful commentary and pertinent observations of its author. Having addressed and understood antidumping matters both from the public and private sector perspective, Xiaochen Wu provides a very unique and extensive analysis of the Chinese antidumping law and its practice. In sum, this work incorporates the essence of his personal experience as witnessed in the insightful examination of each antidumping provision and thoughtful reflections on complicated and exceptional situations which have come up in trade proceedings or which may very well arise in the not too distant future.

The EU, the WTO and China

The EU, the WTO and China
Author: Francis Snyder
Publisher: Hart Publishing
Total Pages: 544
Release: 2010-09-02
Genre: Law
ISBN:

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Snyder's book consists of a series of integrated studies of sites of governance, global legal pluralism and the regulation of international trade.