EU Anti-Dumping and Other Trade Defence Instruments


Book Description

The sixth edition of this definitive work, last revised in 2011, gives detailed attention to all legislative, regulatory and judicial developments that have arisen under European Union (EU) and World Trade Organization (WTO) law on trade defence instruments up to February 2019, including the amended 2018 EU anti-dumping regulation. As trade law practitioners and scholars have come to expect from the trade law team of the Brussels law firm Van Bael & Bellis, the book continues to provide comprehensive, up-to-date analysis and critical commentary on EU instruments dealing with anti-dumping, countervailing, safeguard and trade barrier measures. The emphasis throughout is on the practical application of the rules. The book covers every issue likely to arise in any trade defence matter, including all of the following and more: determining the dumping and injury margins; rules for the determination of permissible adjustments; clarification of the terms ‘significant distortions’ and ‘distortions on raw materials’; determining the subsidy margin; determining the causal link between dumping or subsidy and injury; determining if ‘Union interest’ calls for intervention; examining the 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 or countervailing measures; rules governing the standing of various interested parties before the European Courts; allocation and administration of quantitative quotas; and surveillance measures. As a detailed and practical commentary on the relevant aspects of the EU trade defence instruments as actually applied by the EU institutions in the light of WTO law, this book is the pre-eminent work in the field which remains without peer as a guide to EU trade defence law.




EU Anti-dumping and Other Trade Defence Instruments


Book Description

The authors [of this fifth edition] from the firm "Van Bael & Bellis" 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.




Balanced and Fairer World Trade Defence


Book Description

This workshop of the Committee on International Trade discussed recent developments in trade defence legislation and practice from the perspectives of the EU, the USA and the WTO. A set of trade defence rules have been agreed in the framework of the World Trade Organisation (WTO), in particular on anti-dumping, anti-subsidies and safeguards. The WTO also provides a dispute settlement system for cases brought forward by its members. The EU has recently adopted two sets of new legislation on Trade Defence Instruments (TDI), known as ‘TDI methodology’ and ‘TDI modernisation’. These new rules aim at enhancing the EU’s trade defence, without deviating from its commitment to an open economic environment set in an international rules based order. The US has its own rules and practice for trade defence and continues to distinguish between countries having a market economy and those who don’t - a difference abandoned by the EU in its latest reform. Moreover, the Trump Administration has imposed many new tariffs on foreign imports, often based on the national security exception provided by the WTO - a justification contested by most of the countries targeted. Furthermore, the US expressed concerns about the system of dispute settlement in the WTO, blocking nominations to its Appellate Body. Experts gave their views on whether all these recent developments are contributing to an international trade defence regime that is ‘fair’ and ‘balanced’, taking into account the different perspectives.




The Future of Trade Defence Instruments


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.




Law and Practice of the Common Commercial Policy


Book Description

Présentation de l'éditeur : "Law and Practice of the Common Commercial Policy provides a critical analysis of the European Union (EU)'s trade law and policy since the Treaty of Lisbon. In particular, it analyses the salient changes brought by the Treaty of Lisbon to the Common Commercial Policy (CCP), focussing on the relevant case law of the Court of Justice of the European Union (ECJ), EU free trade agreements, investment protection, trade defence, institutional developments and the nexus between the CCP and other EU policies. The volume brings together a group of distinguished authors, including former and current members of the ECJ, practitioners, officials from EU institutions and Member States and leading scholars in the area of EU trade and external relations law."




USITC Publication


Book Description







The European Union and Emerging Powers in the 21st Century


Book Description

The emergence of new powers fundamentally questions the traditional views on international relations, multilateralism or security as a range of countries now competes for regional and global leadership - economically, politically, technologically and militarily. As the focus of international attention shifts from the Atlantic to the Pacific, the European states in particular are seen to lose influence relative to the emerging economic powerhouses of China, Russia, India and Brazil. European nations find themselves too small to engage meaningfully with these continent-sized powers and, in an increasingly multipolar world are concerned their influence can only continue to decline. This book analyses the shifts in the structure of global power and examines the threats and opportunities they bring to Europe. Leading European Contributors reflect on how the EU can utilise collective strength to engage and compete with rapidly developing nations. They examine perceptions of the EU among the emerging powers and the true meaning and nature of any strategic partnerships negotiated. Finally they explore the shape and structure of the international system in the 21st century and how the EU can contribute to and shape it.




Trade Remedies in North America


Book Description

and political underpinnings." --Book Jacket.