Study of Anti-Dumping by a Regional Trade Agreement Dissertation

Study of Anti-Dumping by a Regional Trade Agreement - Dissertation Example Anti-dumping policies are typically rationalized on the basis that they are necessary for eliminating harmful dumping practices by exporters and to promote fair competition in trade (Davis, 2009). Even so, research demonstrates that despite the fact that the WTO’s anti-dumping policies are intended to protect the interests of domestic producers and to promote fair competition and trade, the frequent use of the WTO’s Anti-dumping Agreement by some regional actors such as the EU, the USA and China demonstrates that the WTO’s Anti-Dumping Agreement is exploited for unnecessary protectionisms and retaliatory measures. Moreover, Article XXIV of the General Agreement on Tariffs and Trade 1994 allows the creation of Regional Trade Agreements (RTAs) and thus together with the Anti-Dumping Agreement exacerbates the WTO’s liberalized multilateral world trade system and particularly its goal of indiscriminate trade. This research study examines the use of the WTOâ₠¬â„¢s Anti-Dumping policies in RTAs and demonstrates exploitation via unnecessary protectionism and retaliatory measures. It is concluded that the trends in regional trade agreement anti-dumping policies and practices fully demonstrate that WTO members are free to exploit the Anti-Dumping Agreement contained in Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) for excessive protectionism, retaliatory measures and for discriminatory trade practices contrary to GATT’s non-discrimination trade policies.... Table of Contents Abstract 3 Table of Contents 3 Chapter One 5 Introduction to the Study 5 I.Background to the Study 5 II.Research Questions 9 III.Aims and Objectives of the Study 10 V.Significance of the Study 11 VI.Research Methods 11 VII.Organization of the Study 12 Chapter Two 12 A Review of the Literature 12 I.Introduction 13 II.RTAs 13 A.Definition 13 B.Typologies of RTAs 14 D.Conclusion 23 III.Conceptualizing Anti-Dumping 24 A.Definitions 24 B.The Advantages and Disadvantages of Anti-Dumping Policies and Measures 26 C.Conclusion 30 IV.The WTO’s International Trade System 31 V.Conclusion 33 Chapter Three 34 Regional Trade Agreements Within the World Organization’s Multilateral System 34 I.Introduction 34 II.Snapshot of the WTO’s Legal Regime Facilitating RTAs in the WTO’s Multilateral Trade System 35 III.The WTO’s Legal Framework for the Formation of RTAS 36 A.Customs Unions 45 B.Free Trade Arrangements 47 VI.Conclusion 49 Chapter Four 49 The WTO’s Anti-Dumping Legal Framework 49 I.Introduction 49 II.Anti-Dumping Under the WTO 50 III.Conclusion 56 Chapter Five 57 Findings/Conclusion 57 Chapter One Introduction to the Study I. Background to the Study Dumping occurs when products or goods are sold on the global market or exported to a domestic market at a relative low price compared to like products or goods (Raju, 2008). According to the World Trade Organization’s (WTO) General Agreement on Tariffs and Trade(GATT) 1994, dumping refers to the sale of goods and products at a price lower that its ordinary value (General Agreement on Tariffs and Trade 1994, Article VI). According to GATT (1994: Article VI) the ordinary value of goods and products is the price at which those goods and products are