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More and more members of the WTO are using anti-dumping (AD) measures as an effective tool for protecting domestic industries facing competition with foreign products. In contrast to the 'big four' (US, EC, Canada and Australia), which have been using AD measures frequently since the GATT era, many of the new users established their AD regimes and began to use them after the establishment of the WTO. Why are there more and more new users? How are they applying AD measures? Do they comply with the rules of the WTO Anti- Dumping Agreement? What are their specific characteristics in the handling of AD cases? What should exporters and practitioners do to prepare for AD investigations by the new users? Based on extensive analyses of primary materials and hearings from practitioners and AD authorities, this book provides detailed and updated information to answer these questions on the following new users: China, Chinese Taipei, Korea, Thailand, India, South Africa, Mexico, Argentina, and Brazil.
Trade remedies, namely anti-dumping, countervailing measures and safeguards, are one of the most controversial issues in today's global trading environment. When used, such measures effectively close the markets of the importing countries to competition from outside for a certain period of time. Exporters that are faced with such measures can either try to convince their government to bring a case against the government of the importing country in the WTO or to use, themselves, the judicial review mechanism of the importing country. This second path has been, until now, largely unexamined. Domestic Judicial Review of Trade Remedies is the first book of its kind to examine in detail how the judicial review process has functioned and considers the experiences in the domestic courts of the twenty-one WTO members that are the biggest users of trade remedies.
This examination of the law in action of WTO dispute settlement takes a developing-country perspective. Providing a bottom-up assessment of the challenges, experiences and strategies of individual developing countries, it assesses what these countries have done and can do to build the capacity to deploy and shape the WTO legal system, as well as the daunting challenges that they face. Chapters address developing countries of varying size and wealth, including China, India, Brazil, Argentina, Thailand, South Africa, Egypt, Kenya and Bangladesh. Building from empirical work by leading academics and practitioners, this book provides a much needed understanding of how the WTO dispute settlement system actually operates behind the scenes for developing countries.
Are Africa's world markets really contributing to development across the continent for individuals, nations and regions? This is the key question posed by Margaret Lee in this provocative book, in which she argues that all too often the voices of African traders are obscured amid a blizzard of statistical analysis. However, it is these very voices - from those operating on the ground as formal or informal traders - that must be listened to in order to form a true understanding of the impact trade regimes have on these individuals and their communities. Featuring a wealth of oral histories from across sub-Saharan Africa and beyond, including Africans in China, Africa's World Trade offers a unique insight into how the complexity of international trade agreements can shape the everyday lives of ordinary Africans.
How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.
This volume of 23 previously unpublished essays explores the relationship between the philosophy of J.G. Fichte and that of other leading thinkers associated with German Idealism and the early Romantic movement. Several papers explore the broader question of Fichte's relationship and contribution to "German idealism" and "German romanticism" in general, while others offer comparative studies of the relationship between Fichte's writings and those of Leibniz, Kant, Schelling, Hegel, Friedrich Schlegel, Novalis, Schleiermacher, and Wilhelm von Humboldt. Taken collectively, this set of essays provides anglophone readers with a new and historically accurate understanding of the origin, developme...
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This paper describes a newly collected, detailed database on national governments' use of the antidumping trade policy instrument. The data collection project was funded by the Development Research Group of the World Bank and Brandeis University. While still preliminary, it goes beyond existing, publicly-used sets of antidumping data in a number of fundamental ways. It is a first attempt to use original source national government documentation to organize information on products, firms, the investigative procedure and outcomes of the historical use (since the 1980s) of the antidumping policy instrument across large importing country users. The paper also reports more and recent data on a number of smaller users of antidumping, as well as some limited information on the use of countervailing measures from national governments that are users of countervailing duty laws.