Titel: The Wto Anti-Dumping Agreement: A Commentary
Autor/en: Edwin A. Vermulst
'Oxford Commentaries on GATT/WTO Agreements'.
OXFORD UNIV PR
Februar 2006 - gebunden - 331 Seiten
The book provides an analytical overview of the World Trade Organisation's Anti-Dumping Agreement, as interpreted by WTO Panels and the Appellate Body. The Anti-Dumping Agreement is often perceived as being the most technical and controversial WTO agreement. While the basic concepts of dumping and resulting injury may appear deceptively simple, complex methodology related to the calculation of dumping and injury margins, as well as the very detailed procedural
requirements that authorities need to comply with before taking anti-dumping action, make the Anti-Dumping Agreement difficult to apply and understand in practice.
While the book of necessity goes into great detail about the intricacies of anti-dumping law and practice, it attempts to explain the various concepts in a relatively non-technical manner by means of simplified examples that are easy to grasp for experts and non-experts alike.
The book also pays extensive attention to interpretations of the various provisions of the Anti-Dumping Agreement by WTO panels and the Appellate Body. There have been more WTO cases under the Anti-Dumping Agreement than under any other WTO Agreement, reflecting both the increased recourse to anti-dumping measures by WTO members all over the world and the complexity of abiding by the WTO rules. WTO Panels and the Appellate Body, called upon to review administrative determinations and aspects
of national legislation, have done a remarkable job in interpreting the WTO rules. For WTO members, wishing to impose anti-dumping measures in a WTO-consistent manner, knowledge not only of the Agreement itself, but also of such interpretations, is therefore a must.
Introduction; 1. Dumping; 1.1 The Like Product; 1.2 Export Price; 1.3 Normal Value; 1.4 Fair Comparison; 2. Injury; 2.1 The Like Product; 2.2 The Domestic Industry; 2.3 Material Injury; 2.4 Causation; 2.5 Threat of Material Injury; 3. Procedures; 3.1 Initiation; 3.2 The Investigation; 3.3 Measures; 3.4 Retroactivity; 3.5 Reviews; 3.6 Public Notice Requirements; 3.7 Judicial Review; 3.8 Third Country Dumping; 3.9 Developing Countries; 3.10 Committee on Anti-Dumping Practices; 3.11 Dispute Settlement; 3.12 Final Provisions; 4. Residual ADA Dispute Settlement Issues; 4.1 Exhaustion of Local/Administrative Remedies; 4.2 Consultations; 4.3 Request for Establishment of a Panel; 4.4 Establishment and Composition of Panels; 4.5 Function of Panels and Terms of Reference; 4.6 Submissions to and Meetings with the Panel; 4.7 Confidentiality; 4.8 Burden of Proof; 4.9 The Record; 4.10 Right to Seek Information/Adverse Inferences; 4.11 Amicus Curiae Briefs; 4.12 Judicial Economy; 4.13 Interim Review; 4.14 Recommendations and Suggestions; 4.15 Adoption and Implementation; ANNEX 1 AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE GATT 1994; ANNEX 2 ARTICLE VI GATT 1994; ANNEX 3 RECOMMENDATIONS AND OTHER DOCUMENTS FROM THE COMMITTEE ON ANTI-DUMPING PRACTICES AND OTHER DOCUMENTS FROM THE; ANNEX 4 WTO ADA PANEL AND APPELLATE BODY REPORTS; ANNEX 5 STATISTICS
Edwin Vermulst has practiced international trade and EC law and policy in Washington DC and Brussels since 1985 and is a founding member of the law firm Vermulst Verhaeghe & Graafsma. He is a member of the Brussels bar. Mr. Vermulst graduated from the University of Utrecht in 1983 and obtained LL.M. and SJD degrees from the University of Michigan Law School in 1984 and 1986. Mr. Vermulst was a WTO Panelist and has been involved in WTO dispute settlement
proceedings as a member of the delegation.
...as many a WTO scholar has discovered, it is almost impossible to comprehend the intricacies of the WTO dispute settlement system without a good understanding of the ADA...Vermulst takes a broad view of his subject-matter... and does an excellent job of integrating WTO case law into his explanation of the ADA. His elucidation of some of the trickiest concepts should make them clear even to a novice...While...the opportunity to reform the ADA may slip away, the WTO dispute settlement system is likely to keep resolving anti-dumping disputes and Members' agencies to keep imposing anti-dumping duties for the foreseeable future. This book is recommended to anyone wanting to understand what is going on. Tania Voon, International and Comparative Law Quarterly, Vol. 56, No. 2, p. 463, 2007