EU Anti-Dumping and Other Trade Defence Instruments
Title | EU Anti-Dumping and Other Trade Defence Instruments PDF eBook |
Author | Van Bael & Bellis |
Publisher | Kluwer Law International B.V. |
Pages | 1133 |
Release | 2019-05-22 |
Genre | Law |
ISBN | 9041199675 |
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.
EU Anti-dumping and Other Trade Defence Instruments
Title | EU Anti-dumping and Other Trade Defence Instruments PDF eBook |
Author | Ivo Van Bael |
Publisher | Kluwer Law International B.V. |
Pages | 1396 |
Release | 2011-01-01 |
Genre | Law |
ISBN | 9041131175 |
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.
The Future of Trade Defence Instruments
Title | The Future of Trade Defence Instruments PDF eBook |
Author | Marc Bungenberg |
Publisher | Springer |
Pages | 318 |
Release | 2018-10-29 |
Genre | Law |
ISBN | 3319953060 |
This EYIEL Special Issue is devoted to the European Union’s Trade Defence Instruments (TDIs). The recent legislative changes at the EU level are indicative of global policy trends and legal challenges surrounding trade remedies law. Although TDI measures have always been a fiercely debated topic in international economic law, they have received increased attention in recent years. This book offers a comprehensive and insightful legal analysis of the recent legislative changes at the EU level and investigates TDIs in the context of regional trade relationships, including the United Kingdom in post-Brexit times. Beyond the EU, it examines the national trade defence law frameworks of important trading partners such as Switzerland, the United States, China and Vietnam.The selected contributions in this edited volume examine the recent trends in trade defence law from a legal and practical perspective and offer analytical insights from EU officials, legal practitioners and leading academics. A unique collection of essays in a changed global framework, this EYIEL Special Issue provides an up-to-date overview of the state of play of trade defence in the EU and around the globe.
EU Anti-Dumping and Trade Defence Law and Practice
Title | EU Anti-Dumping and Trade Defence Law and Practice PDF eBook |
Author | Edmond McGovern |
Publisher | Globefield Press |
Pages | 482 |
Release | 2018-06-08 |
Genre | |
ISBN |
Available in electronic format
EU Trade Defence Law and Practice
Title | EU Trade Defence Law and Practice PDF eBook |
Author | Christoph Herrmann |
Publisher | Springer Nature |
Pages | 121 |
Release | 2023-02-22 |
Genre | Law |
ISBN | 3031253302 |
The European Union is one of the most outward-oriented economies in the world, and free trade is one of its founding principles. As such, instruments intended to ensure that international trade is conducted on a level playing field have been part of the EU’s policy toolbox since the beginning of European integration. Adapting to the current changes in international trade, these instruments have since undergone major reforms. This work provides an overview of the EU’s legal framework on the use of its trade defence instruments, in particular measures under the Trade Barriers Regulation, the Basic Anti-Dumping Regulation and the Basic-Anti Subsidy Regulation. The book shares valuable insights into how EU institutions currently apply these instruments and places their application in the broader political context in which international trade takes place, which has been shaped e.g. by developments related to the United Kingdom’s withdrawal from the EU and the ongoing blockade of the WTO Appellate Body.
TDI, Trade Defence Instruments, Anti-dumping & Anti-subsidy
Title | TDI, Trade Defence Instruments, Anti-dumping & Anti-subsidy PDF eBook |
Author | |
Publisher | |
Pages | 31 |
Release | 2018 |
Genre | |
ISBN | 9789279890734 |
Global competition is not always fair, however, and EU competition law does not in general apply beyond EU borders. In cases of unfair competition from non-EU countries, producers in the EU can consider filing a trade defence complaint with the European Commission in order to remedy the situation, provided that the unfair competition creates difficulties for their business. Trade defence instruments (TDIs) are part of the legal framework of global trade rules established by the World Trade Organisation (WTO) in Geneva. Importers and users of a product that is subject to a trade defence investigation may want to know what the options are, and if and how to best cooperate in an investigation. This guide provides you with the necessary basic knowledge of TDIs and sets out the practical steps you may want to take. It is specifically aimed at small and medium-sized businesses (also referred to as small and medium-sized enterprises or SMEs).
'Amicable Solutions' in Trade Defence. What are the Political Economic Determinants of Accepting Price Undertakings in the EU?
Title | 'Amicable Solutions' in Trade Defence. What are the Political Economic Determinants of Accepting Price Undertakings in the EU? PDF eBook |
Author | Dominik Kümmerle |
Publisher | GRIN Verlag |
Pages | 55 |
Release | 2015-12-11 |
Genre | Business & Economics |
ISBN | 3668108269 |
Master's Thesis from the year 2015 in the subject Economics - Foreign Trade Theory, Trade Policy, grade: Distinction, London School of Economics (European Institute), language: English, abstract: When it comes to concluding a trade defence proceeding in the European Union (EU), the regulations allow for three alternative outcomes: (1) a termination without measures, (2) the imposition of a protective duty or (3) the acceptance of a price undertaking. Price undertakings are voluntary offers by foreign exporters to revise their prices so that the Commission is satisfied that the subsidization or dumping margin and their injurious effects are removed. Some welfare economists have concluded that 'a rational policy maker will always prefer duties' (Pauwels and Springael, 2002, 135). Thus, there is no rationale for price undertakings from an income maximization perspective. However, others have highlighted the role of price undertakings as a diplomatic tool in the EU's neighbourhood policy, which is powerfully evidenced by a sharp decline in the frequency of price undertakings after the EU's Eastern enlargement in 2004 (Appendix 1). Yet, a paradox persists: Out of fourteen price undertakings accepted between 2006 and 2015, only four accounted for countries in the EU's immediate neighbourhood. In contrast, price undertakings were accepted by ten countries that fell outside of Europe, with the BRIC countries accounting for nine, and China alone for five (Appendix 2). In response to this paradox, the paper reviews the following question: What are the political economic determinants of accepting price undertakings in the EU? I find the acceptance of price undertakings arises from an institutional conflict that can be foreign induced. In contrast to judicialized systems, an incomplete delegation of trade defence in the EU has led to a politicization of the trade defence proceeding. This is characterized through the empowerment of three veto-players: Community industry, Commission, and Council. Powerful foreign parties actively capitalize on the engagement of political actors and - in an effort to achieve a less harmful outcome than duties - influence the three veto-players. Eventually, price undertakings are accepted by the Commission, if only the Council signals to exert its veto-rights.