Measures Of The Eu Anti-dumping Practice Of "commitment" Legal Analysis

The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 is an international agreement on regulating the member countries'Anti-Dumping practices. In Article 8 of this Agreement, it provides that anti-dumping proceedings may be suspended or terminated without the imposition of provisional measures or anti-dumping duties upon receipt of satisfactory voluntary undertakings, and it also sets out some basic details about the Price Undertakings. So far, the research on the Undertakings is rare. Books or writings just focus on interpreting the provisions briefly and there's no analysis about the problem in its practicing, even the forms of Undertakings and its legal status. But it's urgent to organize the cases and do some theoretical research on it. This will help the parties to deal with this anti-dumping measure and further, the China-EU trade relations.The writer firstly reveals the two forms of Undertakings and analyzes the legal status of Quota & Price Undertakings, then gets the conclusion that the weakness of the Agreement and the will of Trade Protectionism are the reasons of its formation. Finally, he gives guidelines on how to deal with the Undertakings practiced by the EU authority.The fist part introduces three relevant cases and reveals the two forms of Undertakings: Quota & Price Undertakings and Price Undertakings;The second part introduces the Price Undertakings in GATT/WTO Agreements and Undertakings in EU Anti-dumping Law, and then gives some comparisons.The third part focuses on legal analyzing. The writer analyzes the legal status of Quota & Price Undertakings from two aspects: the comparison between Quota & Price Undertakings and Gray-Area Measures,and the legality of Quota & Price Undertakings in the GATT. After analyzing, the writer gets the conclusion that the weakness in the Agreement and the will of Trade Protectionism lead to theformation of Quota & Price Undertakings.The fourth part is all about guidelines on Undertakings. The writer, based on the aforesaid conclusion, gives guidelines on how to deal with the Undertakings through case study.The last part is a conclusion part.