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International Comparative Study of the sunset review of anti-dumping system

Author: XiaoLu
Tutor: QiHuan
School: China University of Political Science
Course: International Law
Keywords: Anti-dumping sunset review the possibility of dumping and damage WTO EU USA
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 149
Quote: 1
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Abstract


Sunset review is initiated by antidumping investigation organizations at the request of domestic industry or by itself to review the necessity to continue the implementation of antidumping measures within certain period of time. Sunset review is not only an important agenda in the new round antidumping negotiation, but also an important measure used by western countries to defend and safeguard its domestic industries and national economic interests. At present, China’s antidumping legal system is yet far from complete. Therefore, researching and improving the sunset review of antidumping system is an important studying field of antidumping legal system and practices.Through systematic review of the origin and evolution of antidumping sunset review, and the legislation and case study as well, of WTO and its member countries, this paper takes reference from other countries with mature legal framework and practices in antidumping sunset review and aims at proposing a legal framework that suits China’s situation.This paper consists of four parts:Part I General Description of Sunset Review ClauseIn this part, the concept and the origin as well as the evolution history of sunset review clause would be expounded. Besides, the dispute on this issue in the new-round Doha negotiation will be introduced in detail.Part II Analysis of Sunset Legislation of Key Member Countries in WTOThe Sunset legislation in WTO, the USA and the EU will be full illustrated in this part. In addition, comparison of Sunset legislation between the key member countries in WTO will also be presented in this part.Part III Case Study from the Judicial Practice PerspectiveA detailed analysis will be conducted in this part about the recognition of the possibility of dumping and damage under the Sunset Review Clause in the EU and the USA by illustrating relevant cases.Part IV Suggestion on the improvement of China’s Sunset Review SystemThe last part will explore the development of legal system of antidumping sunset review in China, its practices and major problems. Based on that, the legislative suggestion will be given so as to improve the sunset review system in China.Conclusion: Sunset review system is not only an indispensable part of antidumping legal system, but also an important measure to protect domestic industries and national interest. However, sunset review in China is still on the exploratory phase. The fundamental purpose of this study is to learn from other countries’practices and contribute to the establishment of a more sophisticated legal system in China, to maximize China’s interest within the practicable scope and hereby creating a sound survival and development environment for China’s industries.

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