Book contents
- Frontmatter
- Contents
- List of figures
- Preface to the first edition
- Preface to the second edition
- Table of cases
- Table of agreements
- 1 ECONOMIC GLOBALISATION AND THE LAW OF THE WTO
- 2 THE WORLD TRADE ORGANIZATION
- 3 WTO DISPUTE SETTLEMENT
- 4 PRINCIPLES OF NON-DISCRIMINATION
- 5 RULES ON MARKET ACCESS
- 6 RULES ON UNFAIR TRADE
- 7 TRADE LIBERALISATION VERSUS OTHER SOCIETAL VALUES AND INTERESTS
- 8 TOWARDS HARMONISATION OF NATIONAL REGULATION
- Epilogue
- Index
6 - RULES ON UNFAIR TRADE
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- List of figures
- Preface to the first edition
- Preface to the second edition
- Table of cases
- Table of agreements
- 1 ECONOMIC GLOBALISATION AND THE LAW OF THE WTO
- 2 THE WORLD TRADE ORGANIZATION
- 3 WTO DISPUTE SETTLEMENT
- 4 PRINCIPLES OF NON-DISCRIMINATION
- 5 RULES ON MARKET ACCESS
- 6 RULES ON UNFAIR TRADE
- 7 TRADE LIBERALISATION VERSUS OTHER SOCIETAL VALUES AND INTERESTS
- 8 TOWARDS HARMONISATION OF NATIONAL REGULATION
- Epilogue
- Index
Summary
INTRODUCTION
While professing support for trade liberalisation, trade policy-makers often insist that international trade should at the same time be ‘fair’. ‘Unfair’ trade comes in many forms and guises. Unfair trade practices include cartel agreements, price fixing and the abuse of a dominant position on the market. WTO law, at present, does not provide for rules on these and many other particular forms of unfair trade. It does provide, however, for relatively detailed rules with respect to dumping and certain types of subsidisation – two specific practices commonly considered to be unfair trade practices. This chapter examines the WTO rules on dumping and subsidisation.
DUMPING AND ANTI-DUMPING MEASURES
As discussed in chapter 1, ‘dumping’ is the bringing of a product onto the market of another country (or customs territory) at a price less than the normal value of that product. In WTO law, dumping is not prohibited. However, dumping is to be ‘condemned’ if it causes injury to the domestic industry of the importing country. The essence of the WTO rules on dumping is that Members are allowed to take certain measures, which are otherwise WTO-inconsistent, to protect their domestic industry from the injurious effects of dumping.
During the first half of 2007, thirteen Members initiated a total of forty-nine anti-dumping investigations. This represents a sharp decline as compared to the corresponding period in 2006, when ninety-two investigations were initiated.
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- Information
- The Law and Policy of the World Trade OrganizationText, Cases and Materials, pp. 507 - 613Publisher: Cambridge University PressPrint publication year: 2008