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Advanced Introduction to International Trade Law

Michael J. Trebilcock

A second and fully updated edition of the book previously entitled Understanding Trade Law, this book presents an accessible yet nuanced introduction to the basic structure and principles of international trade law. It explores the development of the international trade law regime, principally GATT and WTO law, and through clear and concise discussion of the many developments that have arisen, gives a streamlined overview of this notoriously complex area of legal study.
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6  Antidumping laws

Michael J. Trebilcock

Extract

Antidumping laws are by far the most widely invoked of a trilogy of trade remedy or contingent protection regimes: antidumping laws; countervailing duties; and safeguards.1 While Article VI of the GATT permitted member countries to impose antidumping laws from the outset of the GATT, up until the late 1970s antidumping laws were a relatively minor form of trade restriction, mostly because the bulk of protection was ensured by tariffs, quantitative restrictions (or voluntary export restraints), subsidies, or a mix of all these instruments. However, starting from the late 1970s both the total number of anti-dumping investigations and antidumping orders, as well as the number of countries that have introduced antidumping regimes have dramatically increased. As of December 2013, 2894 antidumping measures were in force around the world.2 In many respects, it has become the protectionist remedy of choice.

India, followed by the USA, were the leading initiators of anti dumping proceedings over the period of 1995 to 2013 (a total of 4358 initiations by all countries), in contrast to the period 1980 to 1988 when the actions of the USA, Australia, Canada, and the EU accounted for 97.5 per cent of all actions.3

Article VI authorizes member countries to introduce antidumping regimes to address cases where the products of one country are introduced into the commerce of another country at less than the normal value of the products where this causes or threatens material injury to an established industry in the territory of a contracting party...

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