The Wto Anti-dumping Agreement: A Commentary

Hardcover | December 21, 2005

byEdwin Vermulst

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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 ofdumping 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 Agreementdifficult 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 toanti-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 WTOmembers, 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.

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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 ofdumping and resulting injury may appear deceptive...

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 and 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 Univer...
Format:HardcoverDimensions:360 pages, 9.21 × 6.14 × 0.96 inPublished:December 21, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199277079

ISBN - 13:9780199277070

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Table of Contents

Introduction1. Dumping1.1. The Like Product1.2. Export Price1.3. Normal Value1.4. Fair Comparison2. Injury2.1. The Like Product2.2. The Domestic Industry2.3. Material Injury2.4. Causation2.5. Threat of Material Injury3. Procedures3.1. Initiation3.2. The Investigation3.3. Measures3.4. Retroactivity3.5. Reviews3.6. Public Notice Requirements3.7. Judicial Review3.8. Third Country Dumping3.9. Developing Countries3.10. Committee on Anti-Dumping Practices3.11. Dispute Settlement3.12. Final Provisions4. Residual ADA Dispute Settlement Issues4.1. Exhaustion of Local/Administrative Remedies4.2. Consultations4.3. Request for Establishment of a Panel4.4. Establishment and Composition of Panels4.5. Function of Panels and Terms of Reference4.6. Submissions to and Meetings with the Panel4.7. Confidentiality4.8. Burden of Proof4.9. The Record4.10. Right to Seek Information/Adverse Inferences4.11. Amicus Curiae Briefs4.12. Judicial Economy4.13. Interim Review4.14. Recommendations and Suggestions4.15. Adoption and ImplementationAnnex 1 Agreement on Implementation of Article VI of the GATT 1994Annex 2 Article VI GATT 1994Annex 3 Recommendations and other Documents from the Committee on Anti-Dumping Practices and other Documents from theAnnex 4 WTO ADA Panel and Appellate Body ReportsAnnex 5 Statistics

Editorial Reviews

`...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 hisexplanation 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 imposinganti-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