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On The Improvement Of The Wto Anti-dumping Agreement

Posted on:2006-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:J H LiFull Text:PDF
GTID:2206360155469180Subject:International Law
Abstract/Summary:PDF Full Text Request
In recently years, with the development of trade liberalization and continuous drop and reduction of tariff and non-tariff measures set up by government, anti-dumping measures, as legal trade remedy measure, have been used more often than before. Under new multilateral system, anti-dumping measure is being abused. It is also becoming the most common and convenient means to carry out trade protection policy in some countries. Anti-dumping law is getting more and more deviation from its initial aim at safeguarding fair international trade. On the contrary, it has become a legal "shelf of trade protecting. Under this condition, it is necessary and important for us to understand the nature of dumping and anti-dumping once again, to inspect realization of its theoretical purpose. By doing this, we can take some measures to push the WTO antidumping forward in order to increase the material benefits of the people's of the world with a fair and free trade system. Especially for china, a new comer to WTO, a developing country with the most population, at the same time, as the most serious victim of anti-dumping measures, this discussion and analyses are quite urgent to guide the anti-dumping legislation and practices.This article looks back the draft of anti-dumping law and the course of its development, finds out causes of problems during its implement. After that, this article analyzes the reform ways of WTO anti-duping Agreement and points out that the feasible one is to amend the current WTO anti-dumping rules. Followed this, some concrete suggestions to amend WTO rules are made. At last, this article deals with that WTO anti-dumping rules' amending will bring us some inspirations expected to improve our legislation and administrative management related to anti-dumping law.This article is divided into four parts. Part one is a brief convey of WTO Anti-dumping Agreement, containing the review of its legislative background, the chief contents and some comments on it. Part two showed us the present situation after it was put into effect, including the analysis of cause of some problems resulted from Anti-dumping Agreement's implement. In this section, with a comprehensive survey tothree schemes for reforming WTO Agreement raised by theorists in this field, a conclusion is drawn that amending WTO Agreement is a feasible way. Part three gives us some suggestions of amending WTO Agreement. In this section, we can find out different opinions among WTO members regarding to how to amend it in the Doha Round. Afterwards, this article makes clear author's position on this point and standing for our country, the biggest developing country and the most serious victim, puts forward five principles and some concrete measures to amend the current Anti-dumping Agreement. Part four is what this study will bring China Anti-dumping legislation and practice. It points out that China should take part in amending of international anti-dumping law actively. At the same time, China also needs a further amending of Chinese own anti-dumping lav/.There are the author think two initial points in this article. Firstly, this article gives a theoretical evaluation on WTO Anti-dumping Agreement as a whole rather than to discuss a lot of trifle practical questions. Secondly, this article makes clear author'sposition------on the ground of developing country and standing for China puts forwardfive principle's suggestions and some concrete measures to amend the current Anti-dumping Agreement.
Keywords/Search Tags:WTO, Dumping, Anti-dumping, WTO Anti-dumping Agreement, Trade Remedy Measures
PDF Full Text Request
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