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The Research of American ’Adverse Inference’ Principle Under Legal System of Countervailing Measure

Author: ChenYunYan
Tutor: WeiHong
School: East China University of Political Science
Course: International law
Keywords: ‘adverse inference’ countervailing duty Department of Commerce World Trade Organization
CLC: D971.2;D996.1
Type: Master's thesis
Year: 2010
Downloads: 96
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Abstract


This thesis mainly focuses on the research of American application of‘adverse inference’of‘facts available’principle under countervailing duty. It probes into the background, legislative status and the source of the principle, and the source includes international law and American legal system. It analyses the specific contents, applicable standards of the principle. It influences China by invoking large amount of American cases and WTO cases. When facing up to American application of the principle of‘adverse inference, the legal advice is put forward. We can also adopt this principle to deal with American countervailing duty cases.The thesis is composed of five chapters.The introduction briefly illustrates the reason of choosing this topic, the significance and the background of application of‘adverse inference’.Chapter One illustrates legal sources of the principle of‘adverse inference’. This chapter shows that the principle is used widely through series of statistics, and introduces the development of this principle through the analysis of the America’s legal sources and international legal sources of‘adverse inference’.Chapter Two shows legal research of‘adverse inference’. This chapter explains the meaning of‘adverse inference’elaborately, including‘partial adverse inference’and‘total adverse inference’. The system value of‘adverse inference’is to prevent the noncorporation of the interested parties that may interfere the investigation of the relevant authority; meanwhile, the whole process of the investigation entails the corporation of the parties and the coordination of the authority. The principle of‘adverse inference’strikes balance between the authority and the interested parties and plays an indispensable role. Lastly, it indicates that‘adverse inference’is revised and improved under Doha Development Agenda.Chapter Three illustrates the analysis of the America’s application of‘adverse inference’under countervailing duty. The chapter illustrates legal problems of the America’s application of‘adverse inference’and analyzes the internal causes.Chapter Four illustrates the legal strategy of China dealing with the American application of the principle of‘adverse inference’. From the perspective of response, our government and enterprises should search detailed and favorable information to the best of its ability, comprehensively and seriously responses to questionnaires and the investigation of the Department of Commerce and the actively corporation from the enterprises and the government. This chapter also encourages the enterprises to challenge the controversy from the Department of Commerce by using American trade review system and indicates the principle of‘adverse inference’under the American law is the violation of the rules of WTO by appealing to WTO.Chapter 5 describes the significance of the reference of this principle when Chinese government uses the principle of‘adverse inference’to countervailing investigation. As to the situation of American frequent application of the principle of‘adverse inference’, firstly, we should improve Countervailing Regulation of the People’s Republic of China; secondly, we should take trade protection remedy to maintain legal rights of our government and enterprises.

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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