Defects and the Reform of the international anti-dumping law regime |
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Author | LouYiLin |
Tutor | HanXiaoBing |
School | Central University for Nationalities |
Course | Economic Law |
Keywords | dumping anti-dumping international anti-dumping legal system |
CLC | D996.1 |
Type | Master's thesis |
Year | 2004 |
Downloads | 122 |
Quotes | 2 |
With WTO multi-trade system’s coming, the space to use customs duties and other trade barriers is smaller and smaller, while anti-dumping is becoming popular because of its vagueness and legality. When our product is confronting foreign anti-dumping we are also utilizing it more frequently. And it seems that anti-dumping became the shield of guarding civil industries and stopping foreign product’s entering. The question is really so simple? With the rising of trade protectism in international trade anti-dumping is abusing so extensively that it influenced seriously the progress of international trade and country cooperate.The abusing of anti-dumping in international trade is the identical fact and the roar to reform or abolish anti-dumping is up and up, but the condition of building unite international anti-dumping legal system or abolishing it completely is not mature. GATT and WTO recognized its legal ; at the same time in current international economic environment objective presence of dumping and all foreign trade policy on base of national countries also prevent abolishing anti-dumping. How to reform anti-dumping legal system and realize the balance of anti-dumping between preventing abusing anti-dumping is the objective choice in anti-dumping territory and the key of anti-dumping vitality. At present most civil and foreign scholars just put forward the question orreplenished the anti-dumping legal system, while not probe into the anti-dumping legal system on the whole. With the guide of historic and economic methods the article just lays stress on it and emphases international anti-dumping legal system.The first part of the article that is the basic of the next parts introduces simply the history of the international anti-dumping legal system and analyses in greater detail the reason of its existence facts and cause of its overflow. Then, the second part stresses on shortcomings of the international anti-dumping legal system and thinks that international anti-dumping legal system prefers trade protectionism and gets system-design too elastic and can not take into public benefit account. Last, on basis of observing those shortcomings, the article stresses reforming plan: build the equal principle of the international anti-dumping legal systenu detail and suit it build the other’s joining system, in order to balance anti-dumping between preventing abusing anti-dumping.