Analysis About Some Legal Issues Of International Anti-dumping

Since WTO's official establishment, the wave of globalization has swept across all countries. States share the fruits of world economic prosperity, at the same time, trade disputes between countries break out frequently. Anti-dumping and other trade relief means are widely used; high-frequency economic disputes affect the world economy's healthy and stable development. I think that the world's anti-dumping complicated situation has multiple causes, while the controversial points in international mechanism of anti-dumping law and practice operating system are important. In this paper,I try to study the controversies of international anti-dumping mechanism and wish my research would benefit the sound enforcement of international anti-dumping mechanism.The first issue I chose is whether the importing country's anti-dumping authority must make a comprehensive, mandatory Of evaluation and consideration of the 15 economic indicators cited by the WTO Anti-Dumping Agreement's article 3, paragraph 4 before making a industrial injury decision. The article first expounds the WTO Anti-Dumping Agreement's relevant provisions, and the World Trade Organization expert group's attitude on this issue, then the article cites the relevant legal provisions and the actual operations of United States and the EU. Finally the author conducts an in-depth and comprehensive analysis of the above contents, and ultimately make the following conclusions, the anti-dumping authorities must conduct a comprehensive evaluation of the 15 economic indicators cited by the WTO Anti-Dumping Agreement before they make a decision about industrial injury. Europe and the United States's wrong approach of making a direct injury decision without making a comprehensive evaluation of 15 factors is bound to be cast aside by the times.The second controversial issue this article concerns is on material retardation of the establishment of domestic industry which is anti-dumping industrial injury's third type. As the standard is based on the protection of infant industries, the standard is applied by countries occasionally. Some scholars argue we must abolish such a standard, while others opposite it. I first cite the United States and the European Union's relevant legal provisions and practice operation, then I conduct a summary and analysis about these contents. At last I draw a conclusion that such a standard shouldn't be abolished, on the contrary we should draw up more detailed laws about its'contents and application condition.In 2001 China formally joined the World Trade Organization, China accelerated the pace of integration into the world, China and the world have closer economic ties, the interaction between China and the world is more obvious .We can say that the problem of China is the world's problems. The defects and improvements of China's anti-dumping law mechanism, affects not only Chinese enterprises to use anti-dumping mechanism to preserve our business and industry's interests, but also the normal sales of other countries'products in China, which belongs foreign manufacturers'legitimate interests. I analyze the shortcomings and inadequacies of China's anti-dumping law system in the legislative level, substantive law and procedural law system then I put forward corresponding legislative proposals and wish my research would be beneficial to the improvement of Chinese anti-dumping legal system.