On The Limitation Of Anti - Dumping Damage In Determining The Rules Of World Trade Organization And The Discretion Of Members

With the trade globalization, there are an increasing number of antidumping cases around the world, and WTO members have been more proficient in utilizing the relevant regulations against antidumping; nevertheless, the related disputes show no sign of decreasing therewith. This is because the members have held various or even wrong opinions on the limitation and scope of the discretion in relevant anti-dumping regulations in the WTO. Due to the scarcity of researches on antidumping so far, and that there exist much disputes and conspicuous contradictions between China and Europe, this article, from the perspective of Sino-Euro comparison, based on the concrete analysis of antidumping cases, conducts a serious of analyses and argumentations to the limitation and scope of the discretion in relevant anti-dumping regulations.First of all, in Chapter one, it expounds all the theoretical basis and methods that are used to analyze the limitation of discretion throughout the article, then based on the concrete analysis of like products in antidumping cases, conducts a serious of analyses and argumentations to the limitation of the discretion that should be followed for the like products and domestic industries.Besides, in Chapter two, it discusses the basic requirements and standards of the three types of injury tests in the injury determination. But due to the less application of the threat of material injury and the material retardation, their analyses and argumentations of the related discretion limitation are placed together in this chapter, while the type of material injury would be discussed separately in Chapter three.Furthermore, in Chapter three, upon the determination of material injury, this article conducts the analyses and argumentations of the content that is necessary to be reviewed, and the determination methods of the cumulative assessment, and based on this, to figure out the relevant limitation of discretion and the determination method of cumulative assessment to obtain a reasonable scope.Finally, in Chapter four, upon the identification of causality, it gives a general introduction to the development history of the causality standard to lay a foundation for the discussions throughout this chapter. Then it conducts analyses and argumentations of the discretion problems in the review factors and range in causality identification, and puts forward the material causality standards.In conclusion, the mentioned analyses and argumentations in this article are based on the relevant regulations and judgments in WTO and Chinese-Europe. It aims at, on the basis of the current injury determination regulations of antidumping; figuring out the scope of the mentioned discretions; reducing related disputes; avoiding the anti-dumping measures abuses; and ultimately promoting the stability and prosperity of the international trade.