Full Description
By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.
Contents
1. Introduction; 2. A Theoretical Framework for Evaluating Anti-Dumping Laws; 3. WTO Disputes on Anti-Dumping Procedures; 4. Procedures of the US, EU, and the Position of China under the Anti-Dumping Investigations; 5. The Fieldwork and Its Findings; 6. Possible solutions for Protectionist Anti-Dumping Procedures; 7. Conclusion; Bibliography; Index.
