A Brief Introduction to Anti-Dumping Law
Student: Bei He
A Brief Introduction to Anti-dumping Law
Introduction
Anti-dumping law is an important branch of competition law. It is a law which prevent foreign goods to sell at a less than fair market value and cause damages to the domestic corresponding industry. It is always concerned with importing and exporting goods between different countries in the worldwide. Anti-dumping law mainly consists of: the determination of dumping and injury, whether dumping and injury have causality, like product, domestic industry and some procedural rules. This essay will introduce the background of anti-dumping law and give a brief discuss between its benefits and shortcomings.
Background
Dumping is the sale of goods abroad at prices below their normal value(Oxford Dictionary of Law). Jacob Viner also described it as price discrimination between national markets. As a sales practice, dumping exists for a long time. As early as sixteenth century, the United Kingdom had already used this method to defeat foreign competitors, and this method has been using worldwidely to gain huge profits until now. However, due to its bad effect on domestic industry and international trade order, some counties started to against dumping after the First World War, and the word “anti-dumping” appeared in the same time. The legislation of anti-dumping experiences a tough and long time, and it still needs improvements. The first formal international legislation was <Implementation of Article VI of the GATT agreement>(1967). After several times consultation, now all the countries who are members of WTO have to obey the Anti-dumping Agreement(ADA), and almost every member also has its own anti-dumping law but the law has to be consistent with the ADA.
Benefits and shortcomings of Anti-dumping Law
Every coin has two sides, so as to the anti-dumping law. It has some benefits, and it has a few shortcomings inevitably. First, it is a legal trade remedy measure. WTO permits its members use
A Brief Introduction to Anti-dumping Law
Introduction
Anti-dumping law is an important branch of competition law. It is a law which prevent foreign goods to sell at a less than fair market value and cause damages to the domestic corresponding industry. It is always concerned with importing and exporting goods between different countries in the worldwide. Anti-dumping law mainly consists of: the determination of dumping and injury, whether dumping and injury have causality, like product, domestic industry and some procedural rules. This essay will introduce the background of anti-dumping law and give a brief discuss between its benefits and shortcomings.
Background
Dumping is the sale of goods abroad at prices below their normal value(Oxford Dictionary of Law). Jacob Viner also described it as price discrimination between national markets. As a sales practice, dumping exists for a long time. As early as sixteenth century, the United Kingdom had already used this method to defeat foreign competitors, and this method has been using worldwidely to gain huge profits until now. However, due to its bad effect on domestic industry and international trade order, some counties started to against dumping after the First World War, and the word “anti-dumping” appeared in the same time. The legislation of anti-dumping experiences a tough and long time, and it still needs improvements. The first formal international legislation was <Implementation of Article VI of the GATT agreement>(1967). After several times consultation, now all the countries who are members of WTO have to obey the Anti-dumping Agreement(ADA), and almost every member also has its own anti-dumping law but the law has to be consistent with the ADA.
Benefits and shortcomings of Anti-dumping Law
Every coin has two sides, so as to the anti-dumping law. It has some benefits, and it has a few shortcomings inevitably. First, it is a legal trade remedy measure. WTO permits its members use