Anti-Dumping Measure As Trade Remedy: The Domination Of International Trade Disputes

Gea, Gita Venolita Valentina (2023) Anti-Dumping Measure As Trade Remedy: The Domination Of International Trade Disputes. Journal of Law and Policy Transformation, 8 (1). pp. 26-40. ISSN 2541-3139

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Official URL / DOI: https://journal.uib.ac.id/index.php/jlpt/article/v...

Abstract

WTO as the only international organization in the scope of public international trade also governs on dumping which found both on the GATT and Anti Dumping Agreement (ADA). Anti-dumping measures may applied as a trade remedy by a state member against other state member accused for practicing dumping. However, former research found that the number of trade disputes before the DSB WTO were mostly caused by anti-dumping measures and turned out that those measures were violating the regulations. This research aims to figure out on how does anti-dumping measures contribute on the escalation and domination of the international trade disputes. Findings from this research shows that before imposing an anti-dumping measure, the state members may determine the practice of dumping practice. The determination is self-claimed under the national authority and later the state may impose temporary anti-dumping measures. After complaints filed to the DSB WTO by the accused state, it is often proved that no dumping practice was ever carried out and the anti-dumping measures turned out to be a violation. This one-sided claim with no third party to re-examine and give approval, may cause further injuries and disrupts the climate of international trade. Hence, the WTO needs to play its role on figuring out and providing a new way out.

Item Type: Article
Uncontrolled Keywords: dumping, international trade, anti-dumping measure
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: GITA VENOLITA VALENTINA GEA
Date Deposited: 24 Jul 2023 05:55
Last Modified: 24 Jul 2023 05:55
URI: http://repository.ubaya.ac.id/id/eprint/44550

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