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Analysis of the WTO sunset review provisions

Author: WangZhuHong
Tutor: ZhangLiYing
School: China University of Political Science
Course: International Law
Keywords: Sunset review Standards of evidence Burden of Proof Cumulative assessment of the The possibility of ruling standards
CLC: D996.1
Type: Master's thesis
Year: 2009
Downloads: 149
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Abstract


Anti-dumping trade remedy measures commonly used as a WTO member, has been recognized by the WTO. However, the anti-dumping as a double-edged sword, to a certain extent contributed to the arrogance of trade protectionism. Sunset review system as rules that limit the anti-dumping measures of the implementation period is an integral part of the anti-dumping measures in the implementation process an important part of the Uruguay Round into the sunset review provisions of the WTO, along with the sunset review system set up to limit the abuse of anti-dumping measures to promote WTO member states rational use of the positive significance of the landmark anti-dumping measures. From the WTO \the product, which will inevitably lead to the ambiguity of the sunset provisions. Can be seen from the trade practices in a number of sunset review cases, the introduction of the WTO sunset review of the rules and did not fully achieve the desired effect, but for the anti-dumping measures to extend the deadline unreasonable to find a legitimate way, to some extent from the collapse of WTO Anti-Dumping Agreement. \Therefore, in the new round of WTO negotiations, the sunset review provision is still the important issues of national concern. From China's anti-dumping practice, many of the anti-dumping cases will enter the stage of the sunset review, positive foreign advanced legislation, improvement of the sunset review of the rules has become an urgent problem. This article from the established and the theoretical value of the sunset review provisions of the WTO \review cases and the first from the sunset review of the assessment, in order to perfect the system of the WTO and China's anti-dumping sunset review. Structurally, the article is divided into three parts of the introduction, body, conclusion. Among them, the body part is divided into five chapters. The preface explained the background of the topics, writing the purpose and significance. The first chapter a comprehensive introduction of the WTO sunset review of the problem of the proposed and \that the restrictions applicable to anti-dumping measures of indefinitely. Specific study in the second chapter of the WTO \sunset review of anti-dumping system, and describes the relevant provisions of the Europe and the United States, in order to better understanding and responding to foreign sunset review cases. Chapter III study in specific WTO \case and other cases, select the possibility of standard of proof, the dumping margin, cumulative assessment of the zero method point of view, a concrete analysis of the WTO anti-dumping sunset review system, and describes the relevant provisions of the Europe and the United States, in order to better understanding and responding to foreign sunset review of the case. The fourth chapter in the second, the analytical chapters on procedural and substantive rules of the sunset review system, discussed the defects of the WTO anti-dumping sunset review system, improve the views from two aspects of procedural and substantive rules. The fifth chapter describes the status of legislation of the sunset review system in China, and interpretation of the relevant provisions of the sunset review system, in the specific operation of the combination of the sunset review cases (newsprint case) of the investigating authorities to correct our sunset review many misunderstandings. The analysis on the basis of the previous paper, the author puts forward the recommendations of the perfect sunset review system in China. The conclusion is a summary of the full text view, that is, to further improve the WTO anti-dumping sunset review system, questioned the system of Europe and the United States and other countries of the sunset review from a specific sunset review cases on the basis of summing up historical experience to improve our sunset review system.

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