Antidumping Measures: Policy, Law and Practice in India PDF Download
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Author: Sheela Rai
Publisher: Partridge Publishing
ISBN: 1482821753
Category : Law
Languages : en
Pages : 432
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Book Description
Antidumping Measures have been cirticised as anti to competition policy. It is alleged that they are usually abused by small group of producers to protect their monopoly or to protect their cartel prices. India after liberalisation of its economy has become one of the leading users of antidumping measures. Indian use of antidumping measures are being critcised on the same lines on which antidumping measures are generally criticised. Through the anaysis of 150 sample cases the author finds that the criticism is not justified. In addition to it antidumping measures have to be analysed in the general economic policy background of the country. The book attempts to do the same and concludes that although there are very few cases in which antidumping measrues were sought for protectionist purposes, in genreal Indian domestic industry has been vulnerable when it sought the protection of antidumping measures. Antidumping measrues in a way are a tool to regularly check market distortions before these distoritions become serious enough to attract the notice of the competition authority. These measures also help in maintenenace of trade on MFN basis as dumped products as much hurt imports from other sources as they hurt the domestic industry.
Author: Sheela Rai
Publisher: PartridgeIndia
ISBN: 148282177X
Category : Law
Languages : en
Pages : 435
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Book Description
Antidumping Measures have been cirticised as anti to competition policy. It is alleged that they are usually abused by small group of producers to protect their monopoly or to protect their cartel prices. India after liberalisation of its economy has become one of the leading users of antidumping measures. Indian use of antidumping measures are being critcised on the same lines on which antidumping measures are generally criticised. Through the anaysis of 150 sample cases the author finds that the criticism is not justified. In addition to it antidumping measures have to be analysed in the general economic policy background of the country. The book attempts to do the same and concludes that although there are very few cases in which antidumping measrues were sought for protectionist purposes, in genreal Indian domestic industry has been vulnerable when it sought the protection of antidumping measures. Antidumping measrues in a way are a tool to regularly check market distortions before these distoritions become serious enough to attract the notice of the competition authority. These measures also help in maintenenace of trade on MFN basis as dumped products as much hurt imports from other sources as they hurt the domestic industry.
Author: Junji Nakagawa
Publisher: Cameron May
ISBN: 1905017251
Category : Antidumping duties
Languages : en
Pages : 390
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Book Description
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.
Author: Peter Van den Bossche
Publisher: Cambridge University Press
ISBN: 1107638933
Category : Law
Languages : en
Pages : 349
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Book Description
This concise and reader-friendly overview of WTO law is essential reading for anyone needing an introduction to this complex field.
Author: Brink Lindsey
Publisher: Cato Institute
ISBN: 1933995599
Category : Political Science
Languages : en
Pages : 245
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Book Description
The U.S. antidumping law enjoys broad political support in part because so few people understand how the law actually works. Its rhetoric of “fairness” and “level playing fields” sounds appealing, and its convoluted technical complexities prevent all but a few insiders and experts from understanding the reality that underlies that rhetoric. CONNUM? CEP? FUPDOL? TOTPUDD? DIFMER? NPRICOP? POI? POR? LOT? Confused? You’re not alone. Even members of Congress, whose opinions shape the course of U.S. trade policy, are baffled by those devilish details. Antidumping Exposed book seeks to penetrate the fog of complexity that shields the antidumping law from the scrutiny it deserves. It offers a detailed, step-by-step guide to how dumping is defined and measured under current rules. It identifies the many methodological quirks and biases that allow normal, healthy competition to be stigmatized as “unfair” and punished with often cripplingly high antidumping duties. The inescapable conclusion is that the antidumping law, as it currently stands, has nothing to do with maintaining a “level playing field.” Instead, antidumping’s primary function is to provide an elaborate excuse for old-fashioned protectionism. The authors offer 20 specific proposals for reform of the World Trade Organization’s Antidumping Agreement. Their analysis and ideas should be of great interest to businesses, trade lawyers, and trade negotiators around the world.
Author: Derk Bienen
Publisher: Kluwer Law International B.V.
ISBN: 904114692X
Category : Law
Languages : en
Pages : 736
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Book Description
This book is the first to bring together the actual practices and procedures in all the major users of anti-dumping. The countries surveyed include all the so-called ‘traditional’ users (Australia, Canada, the EU, New Zealand, South Africa, and the United States) as well as the leading ‘new’ users (Argentina, Brazil, China, India, Korea, Mexico, and Turkey). The book provides not only an overview of each of the systems considered but also a detailed reference to the way different jurisdictions have handled specific issues. In addition, the structure for each chapter is virtually identical, allowing for a ready comparative analysis of various topics. These topics include the following: ; applicable legislation, regulations, prescribed guidelines and procedures; decision-making process and time-line; the likelihood of an investigation leading to the imposition of measures; statistics 1995–2011 with details of actual investigations and duties imposed; threshold of injury and calculation of non-injurious price; establishment of causal link; verification reports, hearings, access to information, and other procedural issues; reviews and refunds; and anti-circumvention measures. An introductory chapter provides a comparative statistical analysis of the use of anti-dumping by the thirteen countries, highlighting key features of anti-dumping systems in a comparative way. The introduction also assesses the important impacts of China’s accession to the WTO in 2001 and of the economic and financial crisis of 2008–2009, discusses the treatment of non-market economies, and notes emerging tendencies in anti-dumping reform. This is an invaluable work on a key area in trade (and competition) law, written by a team of well-known experts. With its comprehensive and practical format, the book will be of great interest to practitioners dealing with anti-dumping cases, including trade law practitioners who may have to defend anti-dumping cases in different jurisdictions, attorneys in international trade law and competition law, government officials, academics, and researchers.
Author: Mitsuo Matsushita
Publisher: Oxford University Press
ISBN: 0199571856
Category : Business & Economics
Languages : en
Pages : 942
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Book Description
This is a comprehensive overview of the law and practice of the World Trade Organization. It begins with the institutional law of the WTO, moving eventually to the consequences of globalization. New chapters on Trade in Agriculture and on Government Procurement and Trade.
Author: Douglas A. Irwin
Publisher: University of Chicago Press
ISBN: 022639901X
Category : Political Science
Languages : en
Pages : 873
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Book Description
A Foreign Affairs Best Book of the Year: “Tells the history of American trade policy . . . [A] grand narrative [that] also debunks trade-policy myths.” —Economist Should the United States be open to commerce with other countries, or should it protect domestic industries from foreign competition? This question has been the source of bitter political conflict throughout American history. Such conflict was inevitable, James Madison argued in the Federalist Papers, because trade policy involves clashing economic interests. The struggle between the winners and losers from trade has always been fierce because dollars and jobs are at stake: depending on what policy is chosen, some industries, farmers, and workers will prosper, while others will suffer. Douglas A. Irwin’s Clashing over Commerce is the most authoritative and comprehensive history of US trade policy to date, offering a clear picture of the various economic and political forces that have shaped it. From the start, trade policy divided the nation—first when Thomas Jefferson declared an embargo on all foreign trade and then when South Carolina threatened to secede from the Union over excessive taxes on imports. The Civil War saw a shift toward protectionism, which then came under constant political attack. Then, controversy over the Smoot-Hawley tariff during the Great Depression led to a policy shift toward freer trade, involving trade agreements that eventually produced the World Trade Organization. Irwin makes sense of this turbulent history by showing how different economic interests tend to be grouped geographically, meaning that every proposed policy change found ready champions and opponents in Congress. Deeply researched and rich with insight and detail, Clashing over Commerce provides valuable and enduring insights into US trade policy past and present. “Combines scholarly analysis with a historian’s eye for trends and colorful details . . . readable and illuminating, for the trade expert and for all Americans wanting a deeper understanding of America’s evolving role in the global economy.” —National Review “Magisterial.” —Foreign Affairs
Author: Isabelle Van Damme
Publisher:
ISBN: 0199562237
Category : Law
Languages : en
Pages : 487
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Book Description
This book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Author: Gregory Wells Bowman
Publisher: Kluwer Law International B.V.
ISBN: 9041128409
Category : Law
Languages : en
Pages : 746
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Book Description
and political underpinnings." --Book Jacket.
Author: Jacob Viner
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 366
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Book Description
