The Future of Trade Defence Instruments PDF Download

Author: Marc Bungenberg
Publisher: Springer
ISBN: 3319953060
Category : Law
Languages : en
Pages : 313

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Book Description
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.

Author: Van Bael & Bellis
Publisher: Kluwer Law International B.V.
ISBN: 9041139346
Category : Law
Languages : en
Pages : 1400

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Book Description
European trade defence law has expanded sufficiently in the last few years to require a new edition of this definitive work, last revised in 2004. As trade law practitioners and scholars have come to expect from the Brussels law firm Van Bael & Bellis, the fifth edition provides comprehensive, up-to-date analysis and critical commentary on EU trade defence instruments dealing with anti-dumping measures, countervailing measures, and safeguard measures, as well as measures under the Trade Barriers Regulation. It gives detailed attention to all EU cases and other developments at WTO level that have occurred up to December 2010. The emphasis throughout is on practical application of the rules. The authors 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. For each of the four major categories of trade defence instruments, chapters deal with the substantive rules of the trade defence instruments concerned, the relief that may be ordered under these instruments, and the procedural provisions. The important changes in the EU decision-making process for trade defence cases to be introduced in March 2011 are taken fully into account. An extensive battery of tables and annexes leads the practitioner to all the essential primary source material in the field. As a detailed and practical commentary on the international trade legislation of the Union as actually applied by the Union Institutions, this is the preeminent work in the field. Lawyers and academics involved with trade contracts or disputes need have no doubt that it is still without peer as a guide to EU trade defence instruments.

Author: Patricia Trapp
Publisher: Springer Nature
ISBN: 3030913635
Category : Law
Languages : en
Pages : 342

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Book Description
Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.

Author: Christoph Herrmann
Publisher: Springer Nature
ISBN: 3031253302
Category : Law
Languages : en
Pages : 121

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Book Description
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.

Author: Wolfgang Weiß
Publisher: Springer Nature
ISBN: 3030345882
Category : Law
Languages : en
Pages : 281

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Book Description
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.

Author: Pieter Van Vaerenbergh
Publisher: Springer Nature
ISBN: 3031381726
Category : Law
Languages : en
Pages : 233

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Book Description
This book explores the role of trade remedies in liberalising environmental trade and discouraging environmentally harmful trade. As trade remedies can pose a significant obstacle to environmental trade, this book outlines how trade negotiators can implement restrictions on the application of trade remedies on environmental goods. It also assesses whether and how investigating authorities can account for differences in environmental protection standards in trade remedy investigations and considers what a possible 'trade remedy' for environmental harm might look like. Although the book concludes that trade remedies will remain a trade instrument primarily driven by economic and competitiveness concerns, it demonstrates how environmental considerations can guide trade remedy policy, how investigating authorities can properly account for the environmental costs of production, and how the limited policy space available in the WTO Agreements on Trade Remedies can be used to pursue green policy goals.

Author: Jelena Bäumler
Publisher: Springer Nature
ISBN: 3031285328
Category : Law
Languages : en
Pages : 581

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Book Description
Climate change is the defining challenge of our time. While political leadership and scientific expertise are key, law has a major role to play in fashioning responses. Volume 13 of the EYIEL assesses central aspects of the legal regimes governing "Climate Change and Liability". Covering traditional trade and investment topics as well EU instruments regulating private actors, contributions reflect the diverse links between international economic law and climate change. Through a mix of foundational inquiries and coverage of current issues (such as climate change litigation), the volume offers a rich and nuanced account of international economic law in an era of "Climate Change and Liability".

Author: Fabian Bickel
Publisher: Springer Nature
ISBN: 3030863123
Category : Law
Languages : en
Pages : 312

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Book Description
How the WTO deals with regional trade agreements (RTAs) is conceptually and practically one of the most important questions in international trade law. This book clarifies that relationship focussing on one form of regional integration – customs unions – and one form of trade measures – anti-dumping measures. This book answers the question how anti-dumping measures and legislation change if a state is in a customs union as well. In doing so, this book provides a new reasoning why anti-dumping measures are modified in customs unions, as well as a comprehensive overview of how this has happened, a legal analysis on the legality of these changes, and an answer to the question how the different institutional settings have impacted questions of responsibility and attribution. Going beyond this, this book also considers the specific problems that arise in cases of economic integration and disintegration, and finally, the impact forming a customs union has on third parties that may impose anti-dumping measures on states that are members of a customs union.

Author: Joachim Schild
Publisher: Taylor & Francis
ISBN: 100382613X
Category : Political Science
Languages : en
Pages : 273

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Book Description
This book examines EU and US bilateral trade and investment relations with China, their attempts to level the economic playing field and to narrow the ‘reciprocity gap’ in market openness. It explores the extent of EU and US policy change, the underlying factors accounting for this change and compares EU and US foreign economic policy answers to an adversary increasingly perceived as an unfair economic competitor and as a systemic rival. The book covers a broad range of policy areas from ‘trade wars’, trade defense instruments, their reform and use, investment screening, and export control to industrial policies. It makes eclectic use of different strands of International Relations, International Political Economy and Policy Analysis theorizing to account for the extent of, and differences in, the EU and US responses. The People’s Republic of China’s stellar economic and political rise combined with the resilience of its unfair trade practices, its reinforced authoritarian repression at home and its ever more assertive foreign (economic) policy has triggered a shift in perceptions of China, followed by equally profound policy change in the European Union and the US. This book expertly charts and explains this significant shift in stance. This book will be of key interest to scholars, students and practitioners in the fields of EU trade policymaking, US foreign/ foreign economic policy, EU-China-US economic relations, European political economy, and more broadly to European studies, Asian studies, International Relations, International Political Economy, and transatlantic relations.

Author: Abdulkadir Yilmazcan
Publisher: Cambridge University Press
ISBN: 1009450913
Category : Law
Languages : en
Pages : 293

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Book Description
By synthesizing both theoretical and empirical insights, this book offers a distinctive perspective on procedural justice within the context of anti-dumping investigations. The book highlights the disjunction between the provisions outlined in the World Trade Organization's Anti-Dumping Agreement (ADA) and the practical encounters faced by stakeholders such as exporters, regulatory bodies, and legal experts affiliated with the WTO. Employing a mixed-method approach, the research encompasses a comprehensive doctrinal analysis of procedural complexities alongside empirical investigations involving key stakeholders such as WTO legal experts, Chinese exporters, and investigating authorities. Furthermore, this book underscores the potential for enhancing procedural justice through either a comprehensive reform of the ADA or concrete measures such as a standardized anti-dumping questionnaire. Such improvements offered in the book have the potential to curtail the misuse of anti-dumping investigations, consequently mitigating a substantial number of disputes that might be brought before the WTO's Dispute Settlement Mechanism.