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Circumvention and Anti-Circumvention Measures - The Impact of Anti-Dumping Practice in International Trade Law (Hardcover)
Loot Price: R6,465
Discovery Miles 64 650
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Circumvention and Anti-Circumvention Measures - The Impact of Anti-Dumping Practice in International Trade Law (Hardcover)
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The unfair trade practice of dumping has been regulated for many
years. Dumping distorts competition by selling exports at
exceedingly low prices in foreign markets. Over the years,
anti-dumping measures designed to counter dumping through the
imposition of duties have become the most effective and popular way
employed to protect domestic industries under threat.
The 1980s, however, ushered in a counter measure: circumvention. As
a means of avoiding anti-dumping duties, circumvention threatens
the effectiveness of the anti-dumping system by undermining the
protection provided for domestic industries. In response,
anti-circumvention measures have been designed and implemented to
combat those activities. This is the first book to offer a detailed
analysis of this significant issue in anti-dumping practice.
Among the issues and topics addressed:
- What is the definition of 'circumvention' in anti-dumping law?
What are the characteristics and types of circumvention? Should
circumvention in anti-dumping practice be distinguished as an
acceptable or unacceptable transaction? If so, what is the line
between them?
- What are anti-circumvention measures in major jurisdictions? Are
these anti-circumvention measures compatible with the current WTO
rules? Can these anti-circumvention measures be seen as an abuse of
trade protectionism? In domestic anti-circumvention legislation,
how can one keep a balance between adopting anti-dumping measures
effectively and protecting the interests of all participants in the
game through anti-circumvention measures?
- What are the different arguments of the parties who are involved
in an anti-circumvention investigation? What are the factsbehind
those arguments?
- Should developing countries amend anti-circumvention provisions
to their anti-dumping legislation for the purpose of protection as
some developed countries did?
- What is the relationship between anti-circumvention measures and
foreign direct investment?
- What steps should be taken against the abuse of
anti-circumvention measures? What anti-circumvention measures
should be designed in the context of the international legal
framework so as not to conflict with the principles of the WTO? And
how should they be implemented?
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