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The U.S. antidumping law enjoys broad political support in part because so few people understand how the law actually works. Its rhetoric of “fairness” and “level playing fields” sounds appealing, and its convoluted technical complexities prevent all but a few insiders and experts from understanding the reality that underlies that rhetoric. CONNUM? CEP? FUPDOL? TOTPUDD? DIFMER? NPRICOP? POI? POR? LOT? Confused? You’re not alone. Even members of Congress, whose opinions shape the course of U.S. trade policy, are baffled by those devilish details. Antidumping Exposed book seeks to penetrate the fog of complexity that shields the antidumping law from the scrutiny it deserves. It offers a detailed, step-by-step guide to how dumping is defined and measured under current rules. It identifies the many methodological quirks and biases that allow normal, healthy competition to be stigmatized as “unfair” and punished with often cripplingly high antidumping duties. The inescapable conclusion is that the antidumping law, as it currently stands, has nothing to do with maintaining a “level playing field.” Instead, antidumping’s primary function is to provide an elaborate excuse for old-fashioned protectionism. The authors offer 20 specific proposals for reform of the World Trade Organization’s Antidumping Agreement. Their analysis and ideas should be of great interest to businesses, trade lawyers, and trade negotiators around the world.
This work examines the use of antidumping laws as 'temporary adjustment' safety valves: measures to help developing domestic industries suddenly exposed to International competition cope with the new market conditions.
This book is an attempt to examine the WTO/GATT anti-dumping regulations within the ambit of the peculiar developmental circumstances of developing countries with Nigeria in perspective. A combination of descriptive analysis and deductions are utilised with reference to the Nigerian experience, as a developing country seeking relevance in the global trading system where non-conforming states are regarded as pariahs. The non-availability of industries to cater for the needs of their populaces has rendered these countries viable global dumping ground for fake, substandard and adulterated products. The conclusion here that as far as developing countries are concerned, anti-dumping regulations as provided by GATT in Nigeria is akin to providing shoes for a man with no feet.
This book offers a critical examination of the jurisprudence of the World Trade Organization (WTO) as an emancipatory international social contract on trade. The book suggests that the WTO is an international organization built and operating on member states’ attribution of authority through consent with legislative, administrative, and adjudicative functions – three functions in one triune personality. With a solid constitutional continuity building on GATT experiences, the WTO has successfully made governments accountable to foreign individuals in various capacities either as traders of goods, providers of services, or holders of intellectual property rights within the global marketplace. With a triune personality, the WTO operates within the reign of state primacy – the force – ultimately for the benefits of individuals – the ends – in the global marketplace, and gains a soul of its own in the institutional evolution – the means – of the global trading regime. Although the tripartite dynamics between states, international institutions, and individuals in the global marketplace are unprecedentedly complex, the WTO’s ends of benefiting individuals in the global marketplace has no end. Beyond the critical analysis of WTO’s decision-making by consensus, the book critically examines GATT’s "common intention" treaty interpretation, Antidumping’s NME methodology, TRIPS’ public health concerns, and IP-competition trade policy dynamics. A unified WTO jurisprudence looking at the WTO as an international social contract on trade is therefore proposed to allow a fresh look at the force, the means, and the ends of the constitutional evolution of the global trading regime.
Handbook of Commercial Policy explores three main topics that permeate the study of commercial policy. The first section presents a broad set of basic empirical facts regarding the pattern and evolution of commercial policy, with the second section investigating the crosscutting legal issues relating to the purpose and design of agreements. Final sections cover key issues of commercial policy in the modern global economy. Every chapter in the book provides coverage from the perspectives of multilateral, and where appropriate, preferential trade agreements. While most other volumes are policy-oriented, this comprehensive guide explores the ways that intellectual thinking and rigor organize research, further making frontier-level synthesis and current theoretical, and empirical, research accessible to all. - Covers the research areas that are critical for understanding how the world of commercial policy has changed, especially over the last 20 years - Presents the way in which research on the topic has evolved - Scrutinizes the economic modeling of bargaining and legal issues - Useful for examining the theory and empirics of commercial policy
An updated look at global trade and why it remains as controversial as ever Free trade is always under attack, more than ever in recent years. The imposition of numerous U.S. tariffs in 2018, and the retaliation those tariffs have drawn, has thrust trade issues to the top of the policy agenda. Critics contend that free trade brings economic pain, including plant closings and worker layoffs, and that trade agreements serve corporate interests, undercut domestic environmental regulations, and erode national sovereignty. Why are global trade and agreements such as the Trans-Pacific Partnership so controversial? Does free trade deserve its bad reputation? In Free Trade under Fire, Douglas Irwin sweeps aside the misconceptions that run rampant in the debate over trade and gives readers a clear understanding of the issues involved. In its fifth edition, the book has been updated to address the sweeping new policy developments under the Trump administration and the latest research on the impact of trade.
This book includes a collection of papers on surveys of topics under consideration in the Uruguay Round of trade negotiations, analysis of topics of traditional concern to developing countries, and a few theoretical papers on the role of law in the international trading system.
Leading trade esperts examine the world trading system today, from the multilateralism of the WTO to explosive bilateralism and the mega-regionals TPP and TTIP. When the General Agreement on Tariffs and Trade (GATT) metamorphosed into the World Trade Organization (WTO) in 1994, it seemed that the third pillar of the international economic superstructure was finally in place. And yet with the failure of member countries to close the Doha Round of trade negotiations and the emergence of bilateral and plurilateral preferential trade arrangements (PTAs) such as the Trans-Pacific Partnership (TPP), the future of the multilateral WTO seems uncertain. In this volume, leading economists examine issues in trade policy that have arisen during this shift. The contributors discuss such topics as the effect of trade on poverty and inequality, PTAs and litigation between trading partners, the WTO Trade Facilitation Agreement, and the relationship of food security and trade liberalization. They also offer regional perspectives on the TPP and trans-Atlantic free trade. Contributors Rahel Aichele, Jagdish Bhagwati, Steve Charnovitz, Gabriel Felbermayr Dimitar Gueorguiev, Bernard Hoekman, Jonas Kasteng, Pravin Krishna, Mary Lovely, Petros Mavroidis, Devashish Mitra, Arvind Panagariya, Tom Prusa, Andre Sapir, Stefan Tangermann
China’s rise as a major trading power has prompted debate about the nature of that country’s involvement in the liberal international economic order. China’s Foreign Trade Policy sheds light on this complex question by examining the changing domestic forces shaping China’s foreign trade relations. Specifically, this book explores the evolving trade policymaking process in China by looking at: China’s WTO accession negotiation China’s bilateral trade disputes The development of China’s antidumping regime China’s emerging trade disputes in the WTO. In addition, Ka Zeng examines how lobbying patterns in China are becoming more open and pluralistic, with bureaucratic agencies, sectoral interests, regional interests, and even transnational actors increasingly able to influence the process and outcome of China’s trade negotiations. Using case studies of China’s trade disputes with its major trading partners, as well as China’s participation in the dispute settlement process of the World Trade Organization, to present an in-depth analysis of China’s trade relations, this book will appeal to students and scholars of international political economy, Chinese politics and foreign policy, and more generally Asian studies.
This volume provides a state of the art review of current thinking on the full range of trade policy issues, addressing the economic and political dimensions of international trade policy. The volume contains a systematic examination of: - specific trade policy instruments (such as tariffs, non-tariff barriers and trade rules) - sectoral concerns (in agriculture, manufacturing and services) - trade linkages (to issues such as the environment and labour standards) - systemic considerations (what role for the WTO?) The organising theme of the volume is that open markets for trade and investment yield large potential gains in human welfare as long as trade policy is conducted as an integral part of broader domestic economic management and regulatory reform, and as long as the particular challenges facing developing countries are effectively addressed. This 'case' is presented on the basis of rigorous analysis of first principles and of empirical experience among key trading nations. An integrated set of original and comprehensive perspectives from a diverse group of experts, linked by a common organisational thread. The contributing authors create an ideal mix of internationally recognised experts together with younger specialists making their mark in trade policy analysis; academics as well as trade policy practitioners; and representatives of both developed and developing countries.