An analysis of the legal problems and issues arising from the European Union's current anti-dumping legislation with regard to the People's Republic of China.
PhD thesis, University of Glasgow.
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On 27 April 1998, the European Union (EU) removed the People's Republic of China from its list of non-market economies (NMEs) due to the progress made under China's economic reforms. After that, it has applied a hybrid anti-dumping policy towards imports from China, including the use of the analogue country method, conditional market economy treatment, one country one duty rule and individual treatment. However, there has been no significant change as far as the EU anti-dumping authority's practice is concerned. This is inconsistent with China's current economic status as a transitional economy with many sectors very close to a market economy.
This thesis analyses the implementation of the policy and explores its legal problems and issues from both a theoretical and practical standpoint. The study begins by examining the origin of EU anti-dumping legislation - the General Agreement on Tariffs and Trade (GATT) anti-dumping rules. It identifies the legal problems of EU anti-dumping practice in the context of China's economic reforms starting from 1979. In order to suggest solutions to several of the problems thus identified, comparative studies are made to reveal alternative strategies by illustrating the anti-dumping legislation of the U.S, Australia, New Zealand and Japan insofar as it is applicable to China. Due to China's accession to the World Trade Organization (WTO) on 11 December 2001, new issues and disputes may arise with regard to the EU's anti-dumping practice. With regard to all of these issues, this thesis finally attempts to propose solutions to both the EU and China.
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