Anti-dumping and Countervailing Action

Anti-dumping and Countervailing Action
Author: Philip Bentley
Publisher: Edward Elgar Publishing
Total Pages: 233
Release: 2007-01-01
Genre: Law
ISBN: 1847206824

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''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school

The Antidumping and Countervailing Duty Laws

The Antidumping and Countervailing Duty Laws
Author: Judith Hippler Bello
Publisher:
Total Pages: 220
Release: 1987
Genre: Business & Economics
ISBN:

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This work represents a compilation of articles previously published in the International Lawyer which examine key and often critical policy issues.

Circumvention and Anti-circumvention Measures

Circumvention and Anti-circumvention Measures
Author: Yanning Yu
Publisher: Kluwer Law International B.V.
Total Pages: 294
Release: 2008-01-01
Genre: Technology & Engineering
ISBN: 9041126864

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The unfair trade practice of dumping has been regulated for many years. Dumping distorts competition by selling exports at exceedingly low prices in foreign markets. Over the years, anti-dumping measures designed to counter dumping through the imposition of duties have become the most effective and popular way employed to protect domestic industries under threat. The 1980s, however, ushered in a counter measure: circumvention. As a means of avoiding anti-dumping duties, circumvention threatens the effectiveness of the anti-dumping system by undermining the protection provided for domestic industries. In response, anti-circumvention measures have been designed and implemented to combat those activities. This is the first book to offer a detailed analysis of this significant issue in anti-dumping practice.

Antidumping Law and Practice

Antidumping Law and Practice
Author: John Howard Jackson
Publisher: University of Michigan Press
Total Pages: 534
Release: 1989
Genre: Dumping (International trade)
ISBN: 9780472101641

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Scholars, economists, lawyers, and government officials debate American trade policy

Antidumping Law and Practice in the United States and the European Communities

Antidumping Law and Practice in the United States and the European Communities
Author: Edwin A. Vermulst
Publisher: North Holland
Total Pages: 780
Release: 1987
Genre: Law
ISBN:

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The book describes and analyzes the antidumping law of the United States and the European Communities as it has developed in administrative practice from 1980 to 1986. It is the first comprehensive comparative analysis of the antidumping law of the world's two largest trading units. The analysis reveals shortcomings in both GATT international regulation of antidumping and in national implementations thereof in the US and the Common Market. Proposals for change are offered which would significantly enhance predictability and rational applications of the rules. The practical approach and extensive description of US & EC law and practice make this book important for international trade lawyers and businesses which deal with the antidumping law on a day-to-day basis.

Antidumping in Law and Practice

Antidumping in Law and Practice
Author: Raj Krishna
Publisher: World Bank Publications
Total Pages: 46
Release: 1997
Genre: Antidumping duties
ISBN:

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Manual for the Practice of U. S. International Trade Law

Manual for the Practice of U. S. International Trade Law
Author: William Kitchell Ince
Publisher: Springer
Total Pages: 1480
Release: 2001
Genre: Business & Economics
ISBN:

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This manual is written as a guide through the most important legal procedures that control imports. It is likely to be of most use to practitioners who are not yet experts in the field, corporate counsel in both domestic and foreign companies whose products are sold across national borders, and students learning about these complicated regulatory laws. Each chapter is written by experienced counsel in Washington, D.C.--some of whom have inside experience from working in the government agencies that administer the laws they are writing about. The authors have incorporated practical advice--"Practice Comments"--in their description of how these laws work.

Antidumping and Countervailing Duty Laws

Antidumping and Countervailing Duty Laws
Author: Joseph E. Pattison
Publisher:
Total Pages: 678
Release: 2005
Genre: Antidumping duties
ISBN: 9780314953261

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