The Establishment Of Public Interest Principle In WTO Anti-dumping Agreement

Anti-dumping law is based on the theory "Harm-in-dumping" in most countries, consequently the Anti-dumping Agreement of World Trade Organization(WTO) follows this style of argument. Notwithstanding numeral amendment, it hardly possible breaks away from the shadow of Trade Protectionism. The concealment and validity (WTO permits the protective measures for the sake of domestic industries in most countries), to some degree, possessed with Trade Protectionism afford the conveniency that the governments in most countries frequently adopt anti-dumping measures to protect domestic industries, then the global trade battle is more and more fierce, ultimately international economic order is severely wrecked. Recently, the focal issue that furiously discussed in judiciary academia is how to balance the domestic industrial interests and international economic order. Therefore the judiciary academia carried out categories of assumptions and projects, midst of which the most popular assumption is to add "public interest" clause. The assumption has put in practice to some extent. So the article puts focus on "public interest" , and analyzes its crucial status in anti-dumping law, then tries to carry out a series of substantive regulations and procedural regulations.The first part of the article employs case-analysis approach to elicit the issue, that is, the principle "public interest" takes on significant status and practical sense in ant-dumping law.The second part starts with legal value analysis, then seriously analyzes the nature of WTO Anti-Dumping Agreement, ultimately just its nature, namely, Trade Protectionism, leads to...