Ec Anti Dumping Trade Laws

Available in electronic format

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.

EC Anti-Dumping Law- A Commentary on Regulation 384/96 M?ller * Khan * Neumann Foreword by The Rt Hon. Lord Slynn of Hadley Dumping is recognised by international law as an unfair trade practice and anti-dumping law which protects against this has recently undergone significant developments at international level as a result of the inauguration of the WTO and the adoption of a new GATT Anti-Dumping Agreement in 1994. In the European Community, Regulation 384/96 constitutes the implementation of these rules and this book analyses every provision resulting in a comprehensive guide to the new law and practice. As well as giving detailed commentary on Regulation, the book also provides an unparalleled range of examples drawn from current practice, from the fundamental concepts of dumping and injury, to the new procedures such as anti-circumvention investigations, newcomer reviews, and suspension of measures. EC Anti-Dumping Law gives the reader: * practical and expert coverage by authors who are Commission officials * detailed commentary of Regulation 384/96 taken article by article * an introductory overview of the GATT/WTO and EC background * analysis of all aspects of the judicial review of anti-dumping measures making this a vital publication for all lawyers advising on questions of international trade law. European/Commercial Law

European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors 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. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.

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.

Unfair trading practices such as dumping and the granting of subsidies have long been identified as threats to open markets. Yet despite decades of international trading rules, global markets are still jeopardized by practices which can cause material injury to industries and put employment at risk. The European Union has been a leader in its determination to ensure that its industries are not disadvantaged by such practices, that Community interests are defended, and that fair competition is restored where needed. The basic texts which form the legal basis of anti-dumping and anti-subsidy investigations in the Community entered into force in 1996 and 1997. The procedures developed in these texts, as amended, and in their corresponding regulations, are the subject of this extremely helpful guide. Practitioners who must follow these often complex procedures will find precise guidelines for the substantive determinations that must be made such as calculating the material injury, determining the cause of injury, and applying the Community interest test and then be able to move confidently through every procedural step, including the following: Initial complaintQuestionnairesConfrontation meetings and oral hearingsInvestigations by Commission official;Offer and acceptance /rejection of undetaking;Commenting on the Commission's provisional decisionRequesting review of measures and refunds andJudicial review Throughout the presentation the author describes relevant cases and actual measures taken. Tables of cases and measures as well as a bibliography are included. Business people and their counsel, whether engaged in trade within the EU or between any country and an EU Member State, will benefit enormously from the detailed guidance offered in this incomparable volume. The book will also be invaluable to academics and policymakers as an unclouded analysis of anti-dumping/anti-subsidies procedures under EC law.

The application of the antidumping instrument by WTO members is often controversial because of the protectionist character of these measures where inefficient industries are protected from foreign competition. The legal framework within the WTO has loopholes that leave wide discretion to the investigating authorities to determine that a product is dumped, thereby emphasizing the protectionist nature of antidumping. The use of antidumping becomes even more controversial when WTO members use the antidumping tool beyond the legal scope of WTO law. The questions raised in this book concern the EU dumping determinations and their conformity with WTO law. This thought-provoking work examines whether European Union legislation on dumping, the practices adopted by the European Commission and the Council, as well as the decisions by the EC courts are in conformity with WTO law. The author's findings are particularly relevant given the frequent use of antidumping measures by EU authorities, especially as relates to Asian countries, and he carefully documents areas where the EU infringes WTO law.

''. . . a fine attempt to shed light on the legal rules that make antidumping and countervailing duty so controversial. Bentley, and experienced trade lawyer, and Silberston, a long-time professor of economics at Imperial College-London, team up to translate arcane and often incomprehensible legal rules into common sense language. Their book not a "how to" manual of how cases proceed, but rather a nontechnical review of many obscure but crucial concepts. The book''s appeal is considerably widened by their frequent discussion on whether the rules make economic sense. . . . the approach taken in the book enlightens policymakers, practitioners, and academics on the perverse nature of antidumping and countervailing duty laws. . . . a fine addition to the bookshelf of any scholar interested in studying trade agreements and administered protection.'' Thomas J. Prusa, Journal of Economic Literature ''Philip Bentley and Aubrey Silberston provide a balanced treatment of a complex area of trade law taking action against dumped or subsidized exports. They document in an accessible manner the many problems associated with current rules and practice and provide a practical set of recommendations to improve the administration of trade law in these areas.'' Bernard Hoekman, Development Research Group, The World Bank ''Written by a lawyer and an economist, both of whom have long experience and deep knowledge equally of theory and practice, this book offers a unique, objective and dispassionate analysis of anti-dumping and countervailing action from various aspects, not only what it is and how it is applied but also its problems and ambiguities not least in a globalised and interdependent world where it is easy to do as much damage to one''s own producers and consumers as to the apparent transgressor. Finally, some thoughts are offered as to what might be done to introduce greater rigour and discipline and to resolve the principal defects. A comprehensive guide to and review of this area of trade policy has long been needed; here it is. Trade policy practitioners, lawyers, students, and above all the negotiators should read it. Bentley and Silberston will be the standard work for some time to come.'' Anthony Hutton, formerly Director-General for Trade Policy in the Department of Trade and Industry, London, UK ''With their book Anti-Dumping and Countervailing Action Philip Bentley and Aubrey Silberston provide an eminent addition to the legal and economic literature on the subject of the appropriate use of anti-dumping and countervailing duties. Rather than offering a nuts and bolts how to book, the authors deliver a succinct and relatively non-technical overview of substantive concepts and problems inherent in the use of these commercial defence instruments that will appeal to experts and non-experts alike. While the book focuses on the WTO Anti-Dumping Agreement and its implementation in the EU and the United States, it offers valuable lessons for administrators and practitioners in other user countries also. One may not agree with all elements of their analysis I, for one, would certainly not agree with their conclusion that pre-Uruguay Round zeroing made legal and economic sense but their inter-disciplinary approach is thought-provoking and refreshing as well as timely in the middle of the EU reflection on the use of the anti-dumping instrument that EU Trade Commissioner Mandelson has launched.'' Edwin Vermulst, partner Vermulst, Verhaeghe & Graafsma, Brussels, Belgium; editor Journal of World Trade and Global Trade and Customs Journal; author of the WTO Anti-Dumping Agreement (OUP 2006) ''This book is an excellent study in depth of the practical problems that arise for regulatory authorities in seeking to apply the international rules, as laid down in the various WTO agreements, when requests for anti-dumping or countervailing measures have been received from industry. It offers not only an analysis of the difficult choices awaiting the practitioner but also a rigorous examination of the economic sense, if any, behind the practices that have evolved in recent years. On several occasions this sense is found to be wanting, and the authors make some thought provoking points and recommendations for change. Highly recommended for students and practitioners alike.'' Roderick Abbott, former deputy Director General at DG Trade in the EC Commission, and later deputy DG at the WTO This book, written by a lawyer and an economist both of whom have worked extensively in the field of international trade, offers a challenging and thought-provoking consideration of actions against dumping and export subsidies. Unlike many books in the field which simply set out the relevant international agreements and discuss their interpretation by various regulatory authorities, this book identifies numerous contradictions found in existing law and practice. Many of which, the authors argue, defy economic as well as legal logic. In light of their analysis, the authors propose a number of changes to current law and practice. Whilst they are under no illusion of the likelihood that such changes will occur in the relevant agreements in the near future, it is hoped that through compelling argument they can not only contribute to future debate, but also shape the way these issues are treated in practice. Providing a critical analysis of the commonly used trade measures against dumping and export subsidies, Anti-Dumping and Countervailing Action will be of international interest, especially to regulatory authorities, trade lawyers, trade economists and scholars and students in business school