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

Published: 2024-01-03

Total Pages: 244

ISBN-13: 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.

Non-market Economies in the Global Trading System
Non-market Economies in the Global Trading System

Author: James J. Nedumpara

Publisher: Springer

Published: 2018-09-20

Total Pages: 360

ISBN-13: 9811313318

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This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.

The World Trading System
The World Trading System

Author: John Howard Jackson

Publisher: MIT Press

Published: 1997

Total Pages: 464

ISBN-13: 9780262600279

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Since the first edition of The World Trading System was published in 1989, the Uruguay Round of trade negotiations has been completed, and most governments have ratified and are in the process of implementing the General Agreement on Tariffs and Trade (GATT). In the Uruguay Round, more than 120 nations negotiated for over eight years, to produce a document of some 26,000 pages. This new edition of The World Trading System takes account of these and other developments. Like the first edition, however, its treatment of topical issues is grounded in the fundamental legal, constitutional, institutional, and political realities that mold trade policy. Thus the book continues to serve as an introduction to the study of trade law and policy. Two basic premises of The World Trading System are that economic concerns are central to foreign affairs, and that national economies are growing more interdependent. The author presents the economic principles of international trade policy and then examines how they operate under real- world constraints. In particular, he examines the extremely elaborate system of rules that governs international economic relations. Until now, the bulk of international trade policy has addressed trade in goods; issues inadequately addressed by policy include trade in services, intellectual property rights, certain investment measures, and agriculture. The author highlights the tension between legal rules, designed to create predictability and stability, and the governments need to make exceptions to solve short-term problems. He also looks at weaknesses of international trade policy, especially as it applies to developing countries and economies in transition. He concludes with a look at issues that will shape international trade policy well into the twenty-first century.

China-eu: A Common Future
China-eu: A Common Future

Author: Stanley Crossick

Publisher: World Scientific

Published: 2007-11-22

Total Pages: 306

ISBN-13: 9814475149

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Negotiations for a new EU-China Partnership & Cooperation Agreement have just got underway and are likely to take two to three years. This is the first book to explore the wide range of issues affecting the China-EU relationship, including the US factor, environmental issues, WTO, governance, trade matters, civil society, democracy, the RMB, energy security, arms embargo, UN reform, Taiwan, Japan, North Korea, Africa and many others.The result of an intense, collaborative exercise between over 30 respected Chinese and European scholars, this timely book highlights the necessity of a China-EU relationship and why it will be mutually beneficial. Recommendations for the harmonious development of relations between China and the EU are offered as well.

China's Growing Role in World Trade
China's Growing Role in World Trade

Author: Robert C. Feenstra

Publisher: University of Chicago Press

Published: 2010-03-10

Total Pages: 603

ISBN-13: 0226239721

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In less than three decades, China has grown from playing a negligible role in international trade to being one of the world's largest exporters, a substantial importer of raw materials, intermediate outputs, and other goods, and both a recipient and source of foreign investment. Not surprisingly, China's economic dynamism has generated considerable attention and concern in the United States and beyond. While some analysts have warned of the potential pitfalls of China's rise—the loss of jobs, for example—others have highlighted the benefits of new market and investment opportunities for US firms. Bringing together an expert group of contributors, China's Growing Role in World Trade undertakes an empirical investigation of the effects of China's new status. The essays collected here provide detailed analyses of the microstructure of trade, the macroeconomic implications, sector-level issues, and foreign direct investment. This volume's careful examination of micro data in light of established economic theories clarifies a number of misconceptions, disproves some conventional wisdom, and documents data patterns that enhance our understanding of China's trade and what it may mean to the rest of the world.

Trade in Goods
Trade in Goods

Author: Petros C. Mavroidis

Publisher: Oxford University Press

Published: 2012-07-19

Total Pages: 942

ISBN-13: 0191636592

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This new edition of Trade in Goods is an authoritative work on international trade by one of the most influential scholars in the field. It provides a comprehensive and detailed analysis of every WTO agreement dealing with trade in goods. The focus of the book is on the reasoning behind the various WTO agreements and their provisions, and the manner in which they have been understood in practice. It introduces both the historic as well as the economic rationale for the emergence of the multilateral trading system, before dealing with WTO practice in all areas involving trade in goods. It contests the claim that the international trade agreements themselves represent 'incomplete contracts', realized through interpretation by the WTO and other judicial bodies. The book comprehensively analyses the WTO's case law, and it argues that a more rigorous theoretical approach is needed to ensure a greater coherence in the interpretation of the core provisions regulating trade in goods. This second edition readdresses and moves beyond the discussion of the GATT presented in the first edition to assess in significant detail every trade in goods agreement at the WTO, both multilateral as well as plurilateral. The book is written to be accessible to those new to the field, with an authoritative level of detail and analysis that makes it essential reading for lawyers and economists alike.

Antidumping Exposed
Antidumping Exposed

Author: Brink Lindsey

Publisher: Cato Institute

Published: 2003-10-25

Total Pages: 245

ISBN-13: 1933995599

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The U.S. antidumping law enjoys broad political support in part because so few people understand how the law actually works. Its rhetoric of “fairness” and “level playing fields” sounds appealing, and its convoluted technical complexities prevent all but a few insiders and experts from understanding the reality that underlies that rhetoric. CONNUM? CEP? FUPDOL? TOTPUDD? DIFMER? NPRICOP? POI? POR? LOT? Confused? You’re not alone. Even members of Congress, whose opinions shape the course of U.S. trade policy, are baffled by those devilish details. Antidumping Exposed book seeks to penetrate the fog of complexity that shields the antidumping law from the scrutiny it deserves. It offers a detailed, step-by-step guide to how dumping is defined and measured under current rules. It identifies the many methodological quirks and biases that allow normal, healthy competition to be stigmatized as “unfair” and punished with often cripplingly high antidumping duties. The inescapable conclusion is that the antidumping law, as it currently stands, has nothing to do with maintaining a “level playing field.” Instead, antidumping’s primary function is to provide an elaborate excuse for old-fashioned protectionism. The authors offer 20 specific proposals for reform of the World Trade Organization’s Antidumping Agreement. Their analysis and ideas should be of great interest to businesses, trade lawyers, and trade negotiators around the world.

The Collapse of Global Trade, Murky Protectionism, and the Crisis
The Collapse of Global Trade, Murky Protectionism, and the Crisis

Author: Richard E. Baldwin

Publisher:

Published: 2011-03

Total Pages: 112

ISBN-13: 9781907142239

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The global financial crisis of 2008/9 is the Great Depression of the 21st century. For many though, the similarities stop at the Wall Street Crash as the current generation of policymakers have acted quickly to avoid the mistakes of the past. Yet the global crisis has made room for mistakes all of its own. While governments have apparently kept to their word on refraining from protectionist measures in the style of 1930s tariffs, there has been a disturbing rise in "murky protectionism." Seemingly benign, these crisis-linked policies are twisted to favour domestic firms, workers and investors. This book, first published as an eBook on VoxEU.org in March 2009, brings together leading trade policy practitioners and experts - including Australian Trade Minister Simon Crean and former Mexican President Ernesto Zedillo. Initially its aim was to advise policymakers heading in to the G20 meeting in London, but since the threat of murky protectionism persists, so too do their warnings.

Global Changes and Sustainable Development in Asian Emerging Market Economies Vol. 1
Global Changes and Sustainable Development in Asian Emerging Market Economies Vol. 1

Author: An Thinh Nguyen

Publisher: Springer Nature

Published: 2021-11-02

Total Pages: 638

ISBN-13: 3030814351

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This two-volume set presents the conference papers from the 1st International Conference on Economics, Development and Sustainability (EDESUS 2019), organized by the University of Economics and Business, Vietnam National University, Hanoi. The collection addresses global changes and sustainable development in Vietnam and other emerging market economies in Asia, and covers wider topics such as economics and business (e.g. economic theory, national and international income distribution, macroeconomic policies, sectors of economy, productivity developments, financial market, business governance, bank financing), development and sustainability (e.g. developing process, development policy, public policy, sustainable growth, sustainability tools, sustainable livelihood, sustainable tourism, green growth), and resources and global change (e.g. human resources, natural resources, climate change, globalization, global challenges). The books are of interest to professors, researchers, lecturers, and students in economics and geography, consultants, and decision makers interested in global changes and sustainable development. Volume 1 focuses on economic development in Vietnam and other emerging market economies in Asia. This covers topics such as economics and business (e.g. economic theory, national and international income distribution, macroeconomic policies, sectors of economy, productivity developments, financial market, business governance, bank financing) and development studies (e.g. developing process, development policy, public policy, green growth).