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Author: Katrien Longueville
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The topic of this thesis is about anti-dumping investigations launched by the European Union against China. More in particular, the impact of Chinas membership to the World Trade Organization on this topic will be examined. In this thesis 210 anti-dumping cases, which were all launched by the EU against China between 1993 and 2010, will be analyzed to answer the research question. In spite of what scholars who wrote about this topic expected, EU antidumping complaints against China increased after the latter became a member of the WTO. Moreover China is still not treated as a market economy. Four elements that might clarify this will be explained in this thesis: EU concerns about China, disagreements between the two in the Doha Round, the currency issue and prohibition of tariffs under the WTO regime. Several scholars expected a surge of trade disputes brought to the Dispute Settlement Body, which also did not happen.
Author: Katrien Longueville
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The topic of this thesis is about anti-dumping investigations launched by the European Union against China. More in particular, the impact of Chinas membership to the World Trade Organization on this topic will be examined. In this thesis 210 anti-dumping cases, which were all launched by the EU against China between 1993 and 2010, will be analyzed to answer the research question. In spite of what scholars who wrote about this topic expected, EU antidumping complaints against China increased after the latter became a member of the WTO. Moreover China is still not treated as a market economy. Four elements that might clarify this will be explained in this thesis: EU concerns about China, disagreements between the two in the Doha Round, the currency issue and prohibition of tariffs under the WTO regime. Several scholars expected a surge of trade disputes brought to the Dispute Settlement Body, which also did not happen.
Author: Joris Cornelis
Publisher: Open Dissertation Press
ISBN: 9781361419861
Category :
Languages : en
Pages :
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Book Description
This dissertation, "The EU's Anti-dumping Policy Towards China: a Discriminatory Policy and Unfair Methodology?" by Joris, Cornelis, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: Abstract of thesis entitled "THE EU'S ANTI-DUMPING POLICY TOWARDS CHINA - A DISCRIMINATORY POLICY AND UNFAIR METHODOLOGY?" Submitted by Joris Cornelis For the degree of Doctor of Legal Science at the University of Hong Kong in March 2005 The EU's anti-dumping policy towards China has been criticized for being discriminatory and for applying an unfair methodology. The argument that the EU's anti-dumping policy is discriminatory refers to China's classification as a non-market economy. As a consequence, a special methodology applies to China whereby data from third countries are used to determine the normal value of Chinese imports and a single anti-dumping duty is imposed on all imports. This methodology has been criticized as unfair since it results in unpredictable, inaccurate and inflated dumping margin calculations. This thesis examines the correctness of these claims by analyzing all EU anti-dumping investigations initiated against China. This thesis agrees with the critique that China's classification as a non-market economy is discriminatory. This thesis does not argue China has a market economy because substantial reforms are still needed before the Chinese economy can be considered to be a market economy. However, other non-market economy countries graduated to market economy status despite serious concerns about the market-oriented nature of their economy. The adoption of a more strict approach towards China is therefore discriminatory. In addition, this thesis raises the question whether market economy status will really provide better protection for individual Chinese exporters against trade defense investigations. 1 This thesis also argues that claims about the unfairness of the EU's anti-dumping methodology towards China are overstated. While acknowledging that there are inherent deficiencies in the special methodology that applies to China, this thesis points out that there are possibilities for Chinese exporters to avoid the application of the special methodology by claiming market economy treatment and individual treatment. Such claims have been relatively unsuccessful so far, partly because the criteria are overly strict, particularly with regard to claiming individual treatment, but also because of insufficient cooperation by Chinese exporters. Even when the special methodology applies, there are several possibilities for Chinese exporters to mitigate the inaccuracy and unpredictability of this special methodology, but unfortunately, the level of cooperation by Chinese exporters in this regard has been poor. In addition, the EU investigating authorities have established criteria for the selection of the reference third country and the determination of the normal value, thereby increasing the predictability of the normal value determinations. Finally, the special methodology only applies to the dumping determination. Before anti-dumping measures can be imposed, there also needs to be a finding of injury to an EU industry, a finding of causation and a finding that imposing anti-dumping measures is in the interest of the EU. Chinese exporters are treated the same as exporters from other countries with regard to these findings. The requirement of injury is particularly relevant since anti-dumping measures are based on the injury margin when the injury margin is lower than the dumping margin, thereby mitigating the impact of the sp
Author: Dr. Yan Luo
Publisher: Kluwer Law International B.V.
ISBN: 9041132074
Category : Law
Languages : en
Pages : 250
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Book Description
Country Driving illuminates the vast, shifting landscape of a traditionally rural nation that, having once built walls against outsiders, is building the roads and factory towns that will shape the twenty-first century. --Book Jacket.
Author: David Kleimann
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
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Book Description
On December 11, 2016, Article 15 (a)(ii) of China's Accession Protocol to the WTO will expire. The expiration of this provision terminates the right of WTO members' to calculate anti-dumping duties against China on the basis of methodologies that “are not based on a strict comparison with domestic prices or costs in China”. In this context, this paper shall serve, first, as a reminder that the European Union will violate its WTO obligations under the WTO Anti-Dumping Agreement (ADA) if the Union's institutions continue - after December 11, 2016 - to adopt anti-dumping measures against China that are based on 'non-market economy' (NME) treatment of Chinese exports in anti-dumping investigations. Moreover, the 2009 EU Anti-Dumping Regulation will be vulnerable to legal challenge in the WTO dispute settlement mechanism “as such” if it is not brought into compliance with the WTO Anti-Dumping Agreement by that date. These observations, however, do not prejudge the legality of EU anti-dumping measures - “as applied” - that the EU has (or will have) adopted against Chinese producers prior to the December deadline. The post-2016 legality of already existing EU anti-dumping measures that are “not based on a strict comparison with domestic prices or costs in China” is particularly relevant in context of the rising amount of new EU AD measures and investigations against Chinese producers of steel and solar panels that the EU has imposed and initiated in the last 2 years. It is this very question that is subject to analysis and discussion in the second part of this paper. The third part provides for a brief normative assessment of the systemic implications of EU non-compliance with the WTO Anti-Dumping Agreement after December 2016 and hints at legally viable alternatives.
Author: Abdulkadir Yilmazcan
Publisher: Cambridge University Press
ISBN: 1009450883
Category : Business & Economics
Languages : en
Pages : 293
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Book Description
Provides empirical insights from the exporters, WTO legal experts and government officials who dealt with anti-dumping investigations.
Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
ISBN: 9041199675
Category : Law
Languages : en
Pages : 1133
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Book Description
The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the differences between anti-dumping and anti-subsidy legislation; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews and refunds; conditions for accepting an undertaking; measures that may be taken to prevent ‘circumvention’ of anti-dumping or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.
Author: Qingjiang Kong
Publisher: World Scientific
ISBN: 9814452149
Category : Political Science
Languages : en
Pages : 200
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Book Description
The European Union (EU) has now become the largest trade partner of China. While Sino-US trade relations and particularly the high-profile trade disputes between the US and China get considerable academic attention for geopolitical reasons, less research has been done on the Sino-EU trade disputes that gradually loom large on the horizon. This book delves into the trade disputes between China and the EU and identifies the causes for trade disputes. It examines how the disputes will shape China-EU trade relations, and offers a macro overview on how the issues can be resolved or at least how they should be managed.This timely book sheds light on Sino-EU trade disputes, putting these in global perspective and enriching the literature in this regard.
Author: Ivo Van Bael
Publisher: Kluwer Law International B.V.
ISBN: 9041131175
Category : Law
Languages : en
Pages : 1396
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Book Description
The authors [of this fifth edition] from the firm "Van Bael & Bellis" cover every issue likely to arise in any trade defence matter, including all of the following and more : determining the dumping and injury margins ; determining the subsidy margin ; determining the causal link between dumping or subsidy and injury ; determining if 'Union interest calls for intervention ; differences between anti-dumping and anti-subsidy legislation ; procedural rules applicable to complaints, initiation of proceedings, investigations, protective measures, reviews, and refunds; conditions for accepting an undertaking; measures that may be taken to prevent circumvention of anti-dumping measures ; rules for the determination of permissible adjustments ; rules governing the standing of various interested parties before the European Courts ; rules and procedure applicable to non-market economy countries ; special rules on products originating in a developing country ; allocation and administration of quantitative quotas ; surveillance measures ; and whether and to what extent safeguard measures are subject to judicial review.
Author: James J. Nedumpara
Publisher: Springer
ISBN: 9811313318
Category : Law
Languages : en
Pages : 360
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Book Description
This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.
Author: Robert C. Feenstra
Publisher: University of Chicago Press
ISBN: 0226239721
Category : Business & Economics
Languages : en
Pages : 603
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Book Description
In less than three decades, China has grown from playing a negligible role in international trade to being one of the world's largest exporters, a substantial importer of raw materials, intermediate outputs, and other goods, and both a recipient and source of foreign investment. Not surprisingly, China's economic dynamism has generated considerable attention and concern in the United States and beyond. While some analysts have warned of the potential pitfalls of China's rise—the loss of jobs, for example—others have highlighted the benefits of new market and investment opportunities for US firms. Bringing together an expert group of contributors, China's Growing Role in World Trade undertakes an empirical investigation of the effects of China's new status. The essays collected here provide detailed analyses of the microstructure of trade, the macroeconomic implications, sector-level issues, and foreign direct investment. This volume's careful examination of micro data in light of established economic theories clarifies a number of misconceptions, disproves some conventional wisdom, and documents data patterns that enhance our understanding of China's trade and what it may mean to the rest of the world.
