Dumping and Subsidies:Law and Procedures Governing the Imposition of Anti-Dumping and Countervailing Duties in the European Community
Dumping and Subsidies:Law and Procedures Governing the Imposition of Anti-Dumping and Countervailing Duties in the European Community

Author: Clive Stanbrook

Publisher: Kluwer Law International B.V.

Published: 1996-01-01

Total Pages: 460

ISBN-13: 9041109323

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This book, now in its third edition, is written for lawyers, trade associations and marketing managers. It is one of the first to deal with the new regulations on dumping and subsidies which were adopted to implement the European Union's obligations under the Uruguay Round's 1994 Anti-Dumping Code and the 1994 Subsidies and Countervailing Measures Code. It places the highly complex subject of dumping and subsidisation in its WTO and EU contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved. The book has been completely revised and expanded since it was last published in 1983, and provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion. With more than ten years additional experience since the last edition, the authors provide a stimulating analysis of the turning points in Community anti-dumping law: revocation of undertakings, non-cooperation, five year sunset reviews, screwdriver assembly, anti-absorption measures, newcomer reviews, and now, with the new regulations, currency conversions, detailed rules on sampling methods, de minimis rules on injury, procedural deadlines, consumer interests and a new approach to circumvention.

EC Trade Law Following China's Accession to the WTO
EC Trade Law Following China's Accession to the WTO

Author: Jan Hoogmartens

Publisher: Kluwer Law International B.V.

Published: 2004-01-01

Total Pages: 244

ISBN-13: 9041123016

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The World Trade Organisation cannot be deemed truly international without the full participation of China, a massive market with an increasing number of highly sophisticated sectors. Yet'although China did accede to the WTO in 2001, after fifteen years of negotiations'WTO members persist in classifying China as a non-market economy, with all the trade restrictions such labelling entails. The EC in particular continues to curtail the flow of Chinese-European trade, despite some recent liberalisation in EC import and antidumping regulations. In this important book Dr. Hoogmartens clearly points the way to an equitable resolution of the complex problems raised by the friction between China's planned economy and EC trade policy instruments. The 'economic interface' he constructs takes account of such crucial elements as the following: China's 'unfinished' legal and economic reforms;the danger that the EC may develop an abusive protectionist stance;the challenge to the EC of increased Chinese competition;the persistence of Chinese state-owned enterprises;the absence of a satisfactory methodology to deal with the Chinese variant of a non-market economy;the possible adjustment of EC antidumping regulations vis-à-vis China;emergency safeguards;the role of the rule of law in trade regulation; andthe 'translatability' of Western social and political institutions. Addressing as it does a highly salient present and future aspect of the global economy, EC Trade Law Following China's WTO Accession will be of enormous value to policymakers in international economic law at all national and supranational levels. The author's reasoned and cautious analysis builds a sound platform for the ongoing development of peaceful and mutually beneficial commercial relations between Europe and China.

Cambridge Yearbook of European Legal Studies Vol 5, 2002-2003
Cambridge Yearbook of European Legal Studies Vol 5, 2002-2003

Author: John Bell

Publisher: Bloomsbury Publishing

Published: 2004-04-28

Total Pages: 468

ISBN-13: 1847310362

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The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in European Union Law, the Law of the Council of Europe, and Comparative Law with a "European" dimension, and particularly those which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, which is the research Centre of Cambridge University Law Faculty specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 5 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Philip Allott, Tony Arnull, Catherine Barnard, Dan Goyder CBE, Rosa Greaves, Bob Hepple QC, David O'Keeffe, Lord Lester of Herne Hill QC, Stephanie Palmer, David Vaughan QC, CBE, David Williams Q.C., D.A.Wyatt Q.C. Founding Editors: Alan Dashwood and Angela Ward

The Law of Subsidies Under the GATT/WTO System
The Law of Subsidies Under the GATT/WTO System

Author: Marc Benitah

Publisher: Kluwer Law International B.V.

Published: 2001-11-12

Total Pages: 438

ISBN-13: 904119827X

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This work on the law of subsidies has been long-awaited by many actors in international trade. With its introduction of the concept of 'attenuation' of entitlement, Marc Benitah's utterly new analysis alters our understanding of the international economic law of subsidies - and its future invocation and jurisprudence - forever. The issue of subsidies is arguably the predominant theme, at this moment, in international economic law, and a consistent approach to the legal treatment of subsidies is urgently needed. In Professor Benitah's view, the answer lies in the recognition that entitlements granted to a party seeking to defend itself against the `adverse effects' of subsidies must be `attenuated' in order to avoid undesirable economic and social consequences. In the various techniques of attenuation - thoroughly described and analyzed in this book - may be found the unifying thread on which a logical, coherent law of subsidies may be strung. Why techniques of attenuation are intimately linked to the birth of past and future legal disputes relating to subsidies Why significant techniques of attenuation (e.g. taking into account the positive impact of a subsidy on consumers) have not arisen in the GATT/WTO context Why much recent theoretical debate on the concept of 'distortion' has not led to a breakthrough in the law of subsidies Why attenuations favouring developing countries are surprisingly legally vulnerable in practice Why deliberate recourse to techniques of attenuation necessitates their continuing clarification through a case law process. By referring to the legal materials of both the GATT 1947 and the WTO systems at each point in his demonstration, Professor Benitah lays a substantial groundwork for determining innovative WTO norms.

The Anti-Dumping Agreement and Developing Countries
The Anti-Dumping Agreement and Developing Countries

Author: Aradhna Aggarwal

Publisher: Oxford University Press

Published: 2006-10-20

Total Pages: 278

ISBN-13: 0199087873

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In the era of globalization, trade policy has become a key development tool and expanding exports a major policy objective for developing countries. However, pressures for protectionism are threatening to reverse the gains. The surge of anti-dumping practices in the 1990s in many countries have triggered an intense debate on the anti-dumping agreement and its implementation. This volume analyses the importance of anti-dumping from a developing country's perspective. The author investigates the use of anti-dumping in a comparative framework and reviews the genesis and evolution of the Agreement and its legal provisions. She further discusses the economic and non-economic justifications of anti-dumping use and empirically analyses the macro-economic factors motivating countries to use anti-dumping. Finally she examines the wide-ranging proposals to reform the WTO anti-dumping code. The analysis brings out a bias against developing countries and stresses the need for fundamental reform of current anti-dumping rules. The author also reflects on plausible approaches to refine existing provisions and explores the possibility of reform by including a Public Interest Test. She suggests updating the special and differential treatment provisions to remedy existing imbalances.

WTO - Trade Remedies
WTO - Trade Remedies

Author: Peter-Tobias Stoll

Publisher: BRILL

Published: 2008-06-25

Total Pages: 1004

ISBN-13: 9047427351

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In the decade since the establishment of the WTO, the great majority of disputes between member states resolved and decided through the dispute settlement system of the WTO arose in the field of trade remedies law, a fact which clearly shows the high demand by the trade community for the rule of law in this area. Responsive to such needs, the fourth volume encompasses the whole range of trade remedies regulation under the auspices of the WTO in the respective articles of the General Agreement on Tariffs and Trade (GATT) and the related multilateral agreements on trade in goods, i.e., Articles VI, XII, XIX GATT 1994; the Understanding on the Balance-of-Payments; the Agreement on Implementation of Article VI GATT 1994 (Anti-Dumping Agreement); the Agreement on Subsidies and Countervailing Duties; and the Agreement on Safeguards. Leading practitioners and scholars have gathered to provide an invaluable insight and easy access to the law on trade remedies in an article-by-article commentary approach. As such, it will be an essential work not only for trade remedies practitioners but to persons interested in trade remedies be they scholars, academics, international and domestic lawyers, political scientists and economists, or NGO representatives.

Trade Remedies
Trade Remedies

Author: Thomas Weishing Huang

Publisher: Kluwer Law International B.V.

Published: 2003-01-01

Total Pages: 342

ISBN-13: 904112148X

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As international trade turns increasingly toward China, it is crucial for trade practitioners to grasp the law of trade remedies as practiced in that country. Since China acceded to the World Trade Organization in 2002, its liberal and even enthusiastic interpretation of the WTO rules (and exceptions) on dumping, subsidies and safeguards?frequently noted in its rigorous antidumping enforcement activity?has revealed China?s adherence to the ?infant industry? theory of international trade. China?s concerted use of trade remedies can be best understood as the government?s support of its industries?which not long ago were merely units in a centrally-planned economy?as they struggle toward competitive advantage. However, for trade professionals outside of China, these specialized circumstances can give rise to serious legal difficulties. It is in order to forestall such problems, with keen analysis and informed insight, that this book has been written. The reader will find enormously helpful analysis of, and information about, such relevant details as the following, among many more: the role of the China State Economic and Trade Commission (SETC) and other official bodies; how petitions for antidumping and anti-subsidy investigations are filed; ?normal value? and ?constructed value? and their adjustments; actionable and non-actionable subsidies; assistance to disadvantaged regions, for reform activities, and for environmental reasons; indirect taxes; injury criteria of dumping and subsidies; fact patterns that give rise to safeguards; subject matter jurisdiction of judicial review; and administrative review. Trade Remedies: Law of Dumping, Subsidies and Safeguards in China expertly covers an important area of practice where little or no reliable materials existed before. In a world trade environment where China?s significance is growing rapidly, this book?s value for legal practitioners, trade officials, trade policymakers and academics in international trade law, anywhere in the world, cannot be overstated.

Principles of Administrative Procedure in EC Law
Principles of Administrative Procedure in EC Law

Author: Hanns Peter Nehl

Publisher: Bloomsbury Publishing

Published: 1999-01-01

Total Pages: 231

ISBN-13: 1847319610

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This book presents an analysis of the recent development of administrative procedures in EC law. It is a pathbreaking study of what might be termed the “constitutionalising norms” now emerging,including a range of 'process rights' and procedural standards, such as the right to access to information, the right to be heard, the principle of care and duty to state reasons. These new standards are increasingly applied in areas as diverse as competition, State aids, customs matters, anti-dumping and the European Social Fund. Different strands of case-law of the EC courts are thus connected to document the overall evolution of procedural rules peculiar to the EC administrative system as a whole. The author adopts a critical stance, in particular, towards the case-law of the Court of First Instance and points out the increasing pressure being brought to bear on the European Commission in respect of its procedural requirements. Particular emphasis is placed on the concept of 'care', i.e. the duty to collect and examine the factual and legal points of individual cases impartially and carefully. The book reveals both the theoretical and practical relevance of this principle as a means of both procedural and substantive review and the reasons why it is likely to be misinterpreted by the courts.

EU International Relations Law
EU International Relations Law

Author: Panos Koutrakos

Publisher: Bloomsbury Publishing

Published: 2006-04-14

Total Pages: 414

ISBN-13: 1847316948

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In the post-9/11 world, the European Union has been trying to define its international presence in a way which corresponds to its economic power and enlarged membership. In an effort to assert its identity on the international scene, it has developed a very wide range of economic relations with third countries and international organisations. It has also developed a Common Foreign and Security Policy in the context of which it is gradually shaping its Security and Defence Policy. These policies are carried out on the basis of distinct, albeit interrelated sets of legal rules. This book provides a comprehensive and systematic analysis of these economic, political and security aspects of the relations of the European Union with the rest of the world. It examines their genesis, development and interactions and places them in the specific context of the establishment of the internal market and the broader context of the increasingly interdependent international economic and geopolitical environment. Issues covered include the coexistence of Community and national competence in external relations, the approach of the Court of Justice to international law, the negotiation, conclusion and implementation of international agreements, the relationship between EC and WTO law and the development of the political and security policies of the Union. The book will be of interest to academics, practitioners and students of EU law.

Anti-dumping Laws and Practices of the New Users
Anti-dumping Laws and Practices of the New Users

Author: Junji Nakagawa

Publisher: Cameron May

Published: 2007

Total Pages: 390

ISBN-13: 1905017251

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More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.